Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56832 of 2019 Applicant :- Ravi Kumar Kasera @ Sunder Kumar Kasera Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 166 of 2019, under Sections 302, 201 and 120B I.P.C., P.S. Chetganj, district-Varanasi with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complaint on 25.7.2019 against two named and one unknown person with the allegation that brother of the complainant Santosh Kumar Chaurasiya died on 21.7.2019 and his brother's last rites were done knowing that he died due to illness. Thereafter it reveals that her brother was done to death by his wife in collusion with Amir and two unknown persons and the matter was investigated by the police on the complaint made by her.
Learned counsel for the applicant has submitted that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time in the confessional statement of Rupa Chaurasiya. He further submitted that co-accused Aman Kasera, who was assigned similar role as assigned to the present accused, has already been granted bail by another Bench of this Court vide order dated 27.11.2019 passed in Criminal Misc. Bail Application no. 52253 of 2019, copy whereof has been filed as Annexure-6 to the affidavit accompanying the bail application. He lastly submitted that the applicant, who has no criminal antecedents to his credit and is in jail since 26.7.2019, if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but he could not dispute the factum of bail parity of the applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Ravi Kumar Kasera alias Sunder Kumar Kasera involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 20.12.2019 LBY