Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31690 of 2018 Applicant :- Ranjeet Mandal And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased consumed injurious alcohol served by co-accused Pramila and Sunil, resultantly, the deceased succumbed to the injurious alcohol; name of the applicants surfaced in the confessional statement of co-accused Pramila and Sunil that applicants were suppliers of the alleged liquor; it is urged that there is no other evidence to link the applicants to the commission of the offence except confessional statement; recovery of alleged liquor has been made from open place; the alleged liquor has not been sent to the laboratory for testing; criminal antecedents have been duly explained by the learned counsel for the applicant; applicants are languishing in jail since 28.3.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicants- Ranjeet Mandal, Dileep Rana and Banti @ Kalia in Case Crime No. 172 of 2018, under Sections 304, 328, 120B I.P.C., Police Station Khoda, District Ghaziabad be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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.
Order Date :- 24.8.2018 S.Prakash