Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49091 of 2018 Applicant :- Raiwar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kulshrestha,Atul Tej Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by the applicants- Raiwar, Alam and Javid for bail in case crime no.452 of 2018, under sections 379 and 411 I.P.C, Police Station Roora, District Kanpur Dehat.
Heard Sri Atul Tej Kulshrestha, learned counsel for the applicants and learned A.G.A. appearing for the State and also perused the record.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case. A false recovery of two buffaloes has been shown from the possession of the applicants. There is no criminal history against them. The applicants are in jail since 19.11.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicants-Raiwar, Alam and Javid, involved in the aforesaid case crime be released on bail on their furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witness.
(iii) The applicants shall file an undertaking to the effect that they 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.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicants 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 (iv) argument/judgement.
If in the opinion of the trial court absence of the applicants are 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 themin accordance with law.
Order Date :- 21.12.2018 G.S