Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38046 of 2015 Applicant :- Rajan @ Mintu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi,Pankaj Kumar Asthana,Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the applicant, Sri I.P.Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant is not named in the F.I.R. and two persons were named. Co-accused Nagendra is said to have assaulted with firearm weapon to the deceased while the applicant and another co-accused assaulted with butt of countrymade pistol to the deceased. He further submits that so far as the criminal history of the applicant is concerned, the same has been explained in paragraph 5 of the supplementary-affidavit. Till date, only two prosecution witnesses have been examined by the trial court. The applicant is in jail since 11.4.2015.
Learned AGA opposed the aforesaid prayed 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 Rajan alias Mintu Singh, involved in Case Crime No. 486 of 2015, under Sections 302, 504, 506/34 IPC and 3/25 Arms Act, P.S. Chunar, District Mirzapur be released on bail on furnishing a personal bond of Rs. 1 lakh with two heavy sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of six months from the date of production of certified copy of this order before the trial court.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
The case of the applicant is distinguishable from co-accused persons who were named in the F.I.R.
Order Date :- 30.3.2018 A.K.Srivastava