Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52561 of 2019 Applicant :- Rajnath Opposite Party :- State of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.,Janardan Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Janardan Yadav for the informant as well as Sri Vikas Sahai, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 99 of 2019, under Sections 302, 34, 506 I.P.C., Police Station Raunpur, District- Azamgarh with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that no direct or material evidence has been gathered so as to establish the complicity of the applicant in the commission of the crime. Although, the informant has voiced a suspicion in the F.I.R., the prosecution rests on the statement of Sandhya, sister of the deceased recorded about three months after the incident. In that statement, she alleged that she saw the deceased last with the applicant. Significantly, however in the statement of the brother of the deceased which was recorded prior thereto, there is no mentioned of this fact. The applicant is otherwise stated to have no previous criminal history. The Court is further apprised that upon conclusion of the investigation, a charge sheet has been submitted. The Court additionally bears in mind the fact that the coaccused has also been enlarged on bail in light of the orders passed on Criminal Misc. Bail Application No. 43956 of 2019 (Devendra Singh Vs. State of U.P.).
Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Rajnath, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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 as directed by the Court. 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 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.
(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.
Bearing in mind the overall circumstances of the case, it is only observed that the concerned Sessions Court shall endeavour to conclude the trial with expedition and strictly in accordance with the provisions made in Section 309 Cr.P.C.
Order Date :- 28.11.2019 Arun K. Singh