Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28214 of 2018 Applicant :- Samsun Alias Shashi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the F.I.R. was lodged against eight persons; no specific role has been assigned to any of the accused persons; it is not clear that who caused the fatal injury by lathi, danda and iron rod; applicant is innocent and he has been falsely implicated in the present case. It is lastly submitted that the applicants have no other reported criminal antecedent and they are languishing in jail since 14.6.2018, there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants Samsun alias Shashi and Lucky, involved in Case Crime No. 212 of 2018, under Sections 147, 304, 308, 323, 504 I.P.C., Police Station Bilaspur, District Rampur, be released on bail on their 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 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 his counsel. In case of their 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 applicants are 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 them in accordance with law.
Order Date :- 30.7.2018 Manish Tripathi