Court No. - 1
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 44539 of 2018 Applicant :- Ranjeet Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Prakash Srivastava,Alok Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today by learned counsel for the applicant which is taken on record.
Heard Sri Alok Tiwari, learned counsel for the applicant and Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
This is the second bail application. The first bail application was rejected by Hon'ble Umesh Chandra Srivastava, J. (as he then was) vide order dated 5.2.2018.
It has been contended by the learned counsel for the applicant that as per the statement of the victim recorded under section 164 Cr.P.C. there were four accused persons involved in the present case against whom allegation of rape has been levelled out of whom accused Jhamman Lal has already been granted bail by co-ordinate Bench of this Court vide order dated 24.4.2018 passed in Crl. Misc. Bail Application No. 15174 of 2018 copy of which is annexed at page-42 of the accompanying affidavit. He submits that the informant and the victim during the trial have turned hostile and have failed to identify the applicant. The applicant has no other reported criminal antecedent. The applicant is in jail since 23.8.2017.
Learned A.G.A. opposed the prayer for bail..
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 applicant Ranjeet Singh involved in Case Crime No. 555 of 2017 under section 366, 376-D, 506 I.P.C., police station Bilsanda, District Pilibhit be released on bail on his furnishing a personal bond with two sureties each in 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 29.5.2019 Shiraz