Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22587 of 2019 Applicant :- Ram Das Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Jay Babu Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Jay Babu Kesharwani, learned counsel for the applicant and Mr. Om Pkakash Mishra, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Ram Das Pal, with a prayer to enlarge him on bail in Case Crime No. 676 of 2016, under Sections 147, 148, 149, 307, 120-B, 109 and 411 I.P.C., Police Station-Saini, District-Kaushambi, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant was arrested in a police firing case and wherein recovery of one 12 bore country made pistol, three cartridges and Rs. 40,000/- has been shown from the possession of the applicant. It is next submitted that it is a case of no injury. The applicant has criminal history of seven cases, which have been explained in para 6 of the affidavit in support of bail application, because of which the applicant has been falsely implicated in the present case. It has been next argued by the learned counsel for the applicant that not a single injury was suffered by any of the Police personnels on account of the aforesaid incident nor any independent witness came forward to support the prosecution case, which makes the prosecution case doubtful. The applicant has no criminal antecedents to his credit except the present one. Learned counsel for the applicant has also pressed the issue of period of detention of the applicant i.e. 8th October, 2016, who has undergone more than two years and seven months of incarceration. He, therefore, submits that considering the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 no useful purpose would be served in keeping the applicant behind the bars. It is next contended that 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in 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 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.
(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 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.
(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 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.
(Manju Rani Chauhan, J.) Order Date :- 29.5.2019 Sushil/-