Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38730 of 2018 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case. It is next contended that prior to alleged incident in question, the applicant was working private job in Haryana, but when he was informed by his brother Deepak about non-bailable warrant, he himself surrendered before the Court concerned on 09.05.2018. It is further contended that there is no evidence against the applicant. Only an independent witness had seen the applicant coming from the place of occurrence. Except this, no other evidence was found against him. It is further submitted that F.I.R. was lodged against the applicant and his real brother. Ultimately his brother was exonerated and charge sheet was submitted only against the applicant. It is submitted that there is no criminal history of the applicant. He is languishing in jail since 09.05.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Rajesh involved in case crime No.868 of 2011, under Section 302 IPC, Police Station Bewar, District Mainpuri be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(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, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 27.10.2018 Junaid