Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41365 of 2018 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Rakesh, who is involved in Case Crime No. 80 of 2018, under Section 302 I.P.C., P.S.- Allahaganj, District- Shahjahanpur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is not named in the F.I.R.; after 15 days of the incident, Informant made an application before the I.O. concerned on 29.03.2018 stating therein that Jogendra Pal, S/o Shiv Dayal and Mukesh Kumar, S/o Sahdev have informed him that on the date of incident at 2 A.M. when they were returning back to the village from the field they saw the applicant coming from the side of the hut of deceased Raj Bahadur. On that application, the Investigating Officer has recorded the statement of the aforesaid two witnesses. He further submitted that half brick which is alleged to be used as a weapon of crime was recovered on the pointing out of accused- applicant, but the alleged recovery was not supported by any independent witness. No blood stain was found on the said brick. Learned counsel for the applicant further submitted that the applicant is innocent and he has been falsely implicated in the present case. So, the applicant, who is in jail since 30.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant by submitting that both the witnesses i.e. Jogendra Pal and Mukesh Kumar in their statements recorded under Section 161 Cr.P.C. have supported the prosecution case by stating that the accused-applicant was seen by them on the date of incident at about 2 A.M. coming from the side of the hut of the deceased. Learned A.G.A. further submitted that the recovery was made on the pointing out of the accused-applicant, but he has not contradicted the fact that the applicant has no previous criminal history to his credit and he is languishing in jail since 30.3.2018.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Rakesh, 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 with the following conditions:
(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 31.10.2018 NS