Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7814 of 2019 Applicant :- Rahul Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Akash Tyagi Counsel for Opposite Party :- G.A.,Rohit Shukla
Hon'ble Rajiv Gupta,J.
Vakalatnama filed by Shri Rohit Shukla on behalf of the first informant is taken on record.
Heard learned counsel for applicant, learned counsel for the informant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rahul Tyagi seeking bail in Case Crime No. 620 of 2018, under Sections 307, 506, 120-B IPC, P.S. Sahibabad, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R and his name surfaced for the first time in the second statement of the first informant in which suspicion has been raised that the applicant may be responsible for commission of the present offence, however, there is no corroborating evidence for the same. Learned counsel for the applicant has next submitted that the applicant is in jail since 26.8.2017, the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
It is lastly submitted that the applicant is in jail since 26.8.2017 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. The criminal history of the applicant has been explained in paragraph 12 of the affidavit.
Learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rahul Tyagi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties (one family member) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 27.2.2019 R