Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39912 of 2018 Applicant :- Sachin Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the applicant and Sri Purushottam Maurya, learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sachin Bind, seeking enlargement on bail during trial in connection with Case Crime No. 852 of 2017, under Sections 302, 307, 34, 120B I.P.C and Section 7 Criminal Law Amendment Act registered at Police Station Machali Sahar, District Jaunpur.
As per prosecution case, on 14.9.2017 one Islam @ Vakeel was subjected to death by Nanhe Yadav and Jwala Yadav causing fire arm injury to him. In the FIR lodged by Abbas Ali, brother of the deceased, Nanhe Yadav and Jwala Yadav have been named as assailants. In the statement of co-accused Jwala Yadav, he has stated that the gun shot injury was caused by applicant and another accused. Likewise, in the statement of one Sarfuddin @ Mallu recorded on 26.9.2017, it is said that the gun shot injury has been caused by the applicant.
Learned counsel for the applicant submits that in the FIR Nanhe Yadav and Jwala Yadav have been shown as main assailants and, therefore, any further statement will not be relevant against the applicant. He submits that the diary statement of co-accused is inadmissible against the applicant and the statement of Sarfuddin @ Mallu, which was recorded after about 12 days of the incident, creates doubt. He further submits that Nanhe Yadav and Jwala Yadav have been granted bail by this Court.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, nature of evidence against the applicant and further considering the fact that co-accused Nanhe Yadav and Jwala Yadav, who have been named in the FIR, have already been granted bail, without any comments on merit, I am inclined to release the applicant on bail.
Let the applicant Sachin Bind, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 27.10.2018 AK Pandey