Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This bail application has been preferred by the accused-applicant Salman Kureshi, who is involved in Case Crime No.283 of 2016, under sections 302,201 I.P.C, police Station Hapur Nagar, District Hapur.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the F.I.R. The only evidence during the investigation collected by the Investigating Officer is evidence last seen which is of doubtful veracity. He further submits that there is no direct eye witness of the crime. The case of the prosecution rest on circumstantial evidence. He further submits that in the present case the chain of circumstantial evidence is not complete. The applicant is a responsible person. He has no previous criminal history. He is not likely to abscond.
On behalf of State the prayer for bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Salman Kureshi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of 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, if 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(iii). 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 shall initiate proceedings against his, 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 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 her bail and proceed against his in accordance with law.
Order Date :- 21.9.2016 G.S