Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37496 of 2015 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P Counsel for Applicant :- Dharmendra Kumar Singh,Bal Krishna Yadav,Shamim Uddin Khan Counsel for Opposite Party :- G.A.,Raj Karan Patel Hon'ble Pankaj Naqvi,J.
Supplementary affidavit is taken on record.
Heard Sri Shamim Uddin Khan, learned counsel for applicant, Sri A.N. Mulla, the learned A.G.A for the State and perused the record.
Applicant- Rajesh Kumar seeks bail in Case Crime No.167/2015, under Section 304 IPC, P.S. Bahariya, Allahabad.
It is submitted on behalf of the applicant that applicant is brother-in-law of the deceased, between whom heated exchange of words took place at the Barat, wherein the deceased is alleged to have been assaulted by the applicant involving no weapon, FIR was lodged on 05.06.2015 in respect of an occurence dated 30.05.2015 with no plausible explanation, applicant claims to have no previous criminal history, is in jail since 25.6.2015, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail.
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 involved in aforesaid case be released on bail on furnishing a personal bond 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 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 :- 27.7.2018 Chandra