Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47691 of 2018 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.76 of 2018, under Section 304 I.P.C., Police Station Obra, District Sonbhadra.
It is submitted by learned counsel for the applicant that according to the prosecution version on 2.7.2018 father of the informant had gone to bring fish on the shop of Rajkumar Sonkar at 10.00 p.m. and thereafter he did not return to home and, after search, dead body of his father (Nirmal) was found on the side of railway track on 3.7.2018 at 12.00 p.m. He had injury and swelling on his right leg. He apprehends that Raj Kumar Sonkar has beaten him due to which he had died. He submits that according to postmortem report viscera has been preserved and the report is still awaited. He further submits that there is no evidence against the applicant except apprehension. 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. He next submits that the applicant is languishing in jail since 6.8.2018.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that viscera report is still awaited. In the FIR itself there is apprehension against the applicant. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant-Rajkumar involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 21.8.2019 m.a.