Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39156 of 2021 Applicant :- Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Amit Rana, learned counsel for the applicant, Sri Akhilesh Kumar Tripathi, learned Brief Holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rajveer, seeking enlargement on bail during trial in connection with Case Crime No. 442 of 2016, under Sections 302, 506, 34 I.P.C. registered at P.S. Mandawar, District Bijnor.
Learned counsel for the applicant argued that initially after investigation final report was submitted in the matter. Subsequently, a protest petition was filed which was allowed and the applicant and the other accused persons were summoned, after which the same was challenged before this Court and also before the court of Sessions by some of the accused persons which were subsequently dismissed. It is argued that identically placed co-accused Virendra has been granted bail by a co-ordinate Bench of this Court vide order dated 19.5.2021 passed in Criminal Misc. Bail Application No. 17234 of 2021, copy of which is annexure no. 15 to the affidavit. Co-accused Mahaveer has also been granted bail by a co-ordinate Bench of this Court vide order dated 2.11.2021 passed in Criminal Misc. Bail Application No. 38752 of 2021, copy of which has been produced before this Court which is taken on record. It is argued that the main role of firing has been assigned to co-accused Istkhar Ahmad. It is argued that the applicant is reported to be having criminal history of two cases out of which in one case he has been acquitted of the charges levelled against him by the trial court. The other case is under Gangster Act in which he is on bail and trial is pending. The applicant is in jail since 01.8.2021.
Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments as aforesaid.
After having heard learned counsels for the parties and perusing the record, it is evident that two co-accused Virendra and Mahaveer have been granted bail by co-ordinate Benches of this Court. In the matter final report was submitted after investigation. Main role of firing has been assigned to co- accused Istkhar Ahmad.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Rajveer, be released on bail in the aforesaid case crime number 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
(Samit Gopal,J.) Order Date :- 24.12.2021 Naresh