Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41976 of 2019 Applicant :- Rajesh Kumar @ Tinku Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Shushil Kumar Mishra Counsel for Opposite Party :- G.A.,Anurag Sherma,Sunita Nishad (In Person)
Hon'ble Pritinker Diwaker,J.
Heard Shri I.D. Mishra, learned counsel for the applicant and Shri J.K. Upadhyay, learned AGA for the State.
Pursuant to the directions given by the Court, Investigating Officer Shri Shivendra Pratap is also present.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 109 of 2019, under Sections 365, 120-B of IPC, Police Station- Attasuiya, District Prayagraj.
As per prosecution case, on 06.05.2019, FIR was lodged by Sunita Nishad alleging in it that her mother Smt. Saroj Devi is missing since 14.04.2019. It is alleged that Raju Sahu alongwith other persons could have abducted Smt. Saroj Devi.
Counsel for the applicant submits that but for suspicion and old enmity, there is no other legally admissible evidence against the applicant. He submits that co-accused Gappu Yadav and Sulekha Yadav have already been released on bail and the case of the applicant is almost identical to those persons who have been granted bail by the Court in Criminal Misc. Bail Application Nos. 37418 of 2019 and 30400 of 2019. Lastly it has been submitted that the applicant is in jail since 02.06.2019, charge sheet has been filed and the trial is likely to take sometime for its final disposal.
On the other hand, learned AGA opposes the application for bail.
Considering the totality of the case, in particular the nature of evidence collected by the prosecution and the fact that similarly placed co-accused have been granted bail, without further commenting on merits, I am inclined to release the applicant on bail.
Let applicant – Rajesh Kumar @ Tinku Gupta be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties 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 date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
It is expected that the police authorities, despite filing of charge sheet, will make endeavour to trace Smt. Saroj Devi.
Order Date :- 27.11.2019 nethra