Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40081 of 2017 Applicant :- Raju Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- U.C. Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Counter affidavit has been filed by the learned A.G.A. is taken on record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 628 of 2016, under Section 302, 364A, 201, 120B/34 I.P.C., Police Station Deoband, District Saharanpur.
Heard Sri U.C. Chaturvedi, learned counsel for the applicant, learned AGA for the State and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He is not named in the F.I.R. He has no criminal antecedents prior to this alleged occurrence. Learned counsel for the applicant further submits that the name of the applicant has come into light in the statement of co-accused Javed dated 11.9.2016, whereas, the dead body of the deceased has already been recovered on 10.9.2016. He has further submitted that the applicant was also not named in the statement of the informant. No incriminating article has been recovered from the possession of the applicant. He is law abiding person and entitled to be enlarged on bail. The applicant is languishing in jail since 10.9.2016. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant- Raju involved in the aforesaid case crime be released on bail on furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(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 (iv) argument/judgement.
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 :- 31.7.2019 Saurabh