Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22614 of 2019 Applicant :- Raj Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sushil Kumar, learned counsel for the applicant and Sri P.
K. Shahi, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Raj Kumar with a prayer to enlarge him on bail in Case Crime No. 59 of 2019, under Sections 364-A I.P.C., Police Station-Atrauli, District-Aligarh, during the pendency of the trial.
It is argued by the learned counsel for the applicant that initially, the F.I.R. was lodged by the first informant-Sri Babloo under Sections 386 and 342 against unknown person with allegation that on 02.02.2019, the brothers of the first informant, namely, Kishanpal, Dinesh and Balbir were illegally detained by some miscreants, who demanded Rs. 5 lacs for releasing of his brothers and called the first informant along with money in front of the tower which is situated near Police Station-Atrauli. After recovery of the abductees, the first informant as well as the abudctee have given an affidavit wherein they stated that the applicant is not involved in the incident. However, during course of investigation, the investigating officer without having any evidence has added Section 364A. It is next submitted that from the statement of the abducted persons, it appears that they were illegally detained by the police personnels, who were searching for some other persons and the applicant has been falsely implicated in the present case at the inkling and connivance of the local police. It is further argued that the co- accused, namely, Ashok Kumar has already been enlarged on bail by this Bench of this Court vide order dated 22nd May, 2019 in Criminal Misc. Bail Application No. 21174 of 2019. The case of the present applicant is similar and identical to that of the aforesaid co- accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 3rd February, 2019.
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. However, learned A.G.A.could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant 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.
(Manju Rani Chauhan, J.) Order Date :- 29.5.2019 Sushil/-