Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27704 of 2019 Applicant :- Ram Khiladi Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Satya Prakash Sharma, learned counsel for the applicant and Sri P.K. Shahi, 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 Khiladhi with a prayer to enlarge him on bail in Case Crime No. 22 of 2019, under Sections 27, 29, 50, 51 of Wild Life Conservation Act, Section 26 (1) (G) of Indian Forest Act and Sections 307, 504, 379 and 411 I.P.C., Police Station-Mansukhpura, District- Agra, during the pendency of the trial.
It is argued by the learned counsel for the applicant that on 4th June, 2019 at 11:10 p.m. on the information received from a Police Informer that some persons were excavating and collecting illegal sand in villages Anruddapura and Tasaud, when the Police personnels and officers along with guards of Forest department were going to the said place by government vehicles, on the way, they saw that a tractor, bearing No. 265DI S.R.N. JCHC 209HB, carrying illegal sand were going to village Anruddapura, they chased and surrounded the said tractor, but the person sitting on the said tractor (applicant) started firing and tried to flee away, after making some effort the driver i.e. co-accused Nahar Singh and the said tractor have been caught but the person sitting on the said tractor i.e. applicant succeeded to flee away. It has further been argued by the learned counsel for the applicant that in the firing by the applicant, neither any Police personnel nor any officer or guard of Forest Department have sustained any fire arm injury. It is no injury case. The applicant has not been arrested on the spot and he has been arrested on the basis of the confessional statement of the co-accused Nahar Singh, therefore, in view of Sections 25 and 26 of the Indian Evidence Act, the same cannot be accepted as the same has no evidentiary value. Except the aforesaid statement, there is no public or independent witness from which it is established that the applicant is involved in the commission of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant or his pointing out. The applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It has further been argued by the learned counsel for the applicant that the co-accused Nahar Singh has enlarged on bail by this Bench vide order dated 26th July, 2019 passed in Criminal Misc. Bail Application No. 29961 of 2019. The applicant is 70 years old and is a heart patient. The applicant has no criminal antecedents to his credit except the present one. 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. The applicant has no criminal antecedents to his credit except the present one. 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. The applicant is in jail since 12th June, 2019.
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 material/evidence brought on record, the submissions made by the learned counsel for the parties 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, 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 :- 31.7.2019 Sushil/-