Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30037 of 2019 Applicant :- Ram Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Giri Ram Rawat,Indra Deo Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shri Ram Rawat, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Ram Narayan with a prayer to enlarge him on bail in Case Crime No. 133 of 2019, under Section 364-A I.P.C., Police Station-Sadar Bazar, District-Agra, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is not named in the F.I.R. He is innocent and has been falsely implicated in the present case due to ulterior motive. It is next argued that as per the prosecution case, the son of the informant, namely, Sunil was missing since 11.02.2019 at 05:00 p.m. and last time, the boy was seen with Raja Gupta, Pradeep Yadav and Saadhu in the C.C.T.V. footage, therefore, the present F.I.R. has been lodged on 14.02.2019 against three accused persons. It is next argued that in the F.I.R. itself it is mentioned that the brother of the informant, namely, Tejveer had seen the three co- accused taking away the kidnapped boy. The C.C.T.V. footage does not show the involvement of the applicant in the alleged incident. It is next argued that the kidnapped boy has been recovered safely from the joint possession of the co-accused persons. The only allegation against the applicant is of sitting in the vehicle from which the kidnapped boy was taken by the co-accused persons. Nothing has been recovered from the possession of the applicant. The co- accused-Pradeep Yadav, who is named in the F.I.R., has already been granted bail by the another Bench of this Court vide order dated 27.06.2019 passed in Criminal Misc. Bail Application No. 25151 of 2019, hence the applicant is also liable to be enlarged on bail. Similarly, the other co-accused, namely, Arjun Yadav, who is also not named in the F.I.R., has also enlarged on bail by this Bench vide order dated 17th July, 2019 passed in Criminal Misc. Bail Application No. 28404 of 2019. The case of the present applicant is on better footing to that of the aforesaid two co- accused. As such the present applicant is also liable to be enlarged on 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 15th February, 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 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 :- 26.7.2019 Sushil/-