Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23405 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary(Senior Adv.),Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manish Tiwari, Senior Advocate assisted by Sri Atharv Dixit, learned counsel for the applicant, Sri Mohd. Nafees Ahmad, learned A.G.A. for the State, Sri Jai Prakash, learned counsel for the complainant and perused the material available on record.
The instant bail application has been filed on behalf of the applicant Rahul with a prayer to release him on bail in Case Crime No. 19 of 2019 under Sections 147, 302, 201 IPC, Police Station-Ramchandra Mission, District Shahjahanpur during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The deceased has gone to attend a party in the house of in- laws. As per allegations, on 14.1.2019 at about 7:00 PM, incident took place but the FIR was lodged after delay of two days i.e. on 16.1.2019 at about 11:27 AM without giving any plausible explanation. Two witnesses namely Pusey Kishan and Ram Bhajan have given their statements in which they have stated that as many as five persons were present along with the deceased on the roof of the house and they were quarrelling on some issue. Both the persons Pusey Kishan and Ram Bhajan tried to intervene in between to stop them from quarrelling as soon as they left spot and moved some steps, they heard a sound of something fallen from the roof but they could not understand what was happening and they went away. As many as five persons have been stated to have murdered the deceased but no specific role has been assigned to the fact that how the injuries have been sustained by deceased and who has caused the death of the deceased. It has also been argued by learned counsel for the applicant that it was an accidental death as the body was not found on the place where the party was going on. The present FIR has been lodged for falsely implicating the applicant. The applicant is languishing in jail since 7.2.2019 The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Rahul involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 6.6.2019 Mohit Kushwaha