Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44799 of 2018 Applicant :- Sandeep Saini Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that for the alleged incident occurred on 09.08.2017 in the wee hours, the FIR was registered on 11.08.2018 at 19.30 hours, i.e., after two days of the incident against unknown persons by one Chhatrapal mentioning therein that on the fateful day when the informant's mother Bala Devi, aged about 70 years went to attend call of nature in the jungle where some unknown persons murdered her by throttling her neck. The post mortem examination report of the cadaver of the deceased reveals that there were multiple abrasion with contusion on front of neck. Nose and mouth were bleeding and tongue of cadaver was protruded. The doctor, conducting the post mortem of the cadaver of the deceased, opined cause of death due to asphyxia as a result of ante mortem throttling. It is further argued that no one had seen the incident and the only material collected by the police is the extra judicial confession of the applicant before the Ex-Gram Pradhan namely Jogendra Saini, that too after 8/9 month of the aforesaid incident. Except this, there is no incriminating material against the applicant. It has next been argued that two criminal cases had been slapped upon the applicant by the police, which has been satisfactorily explained in paragraphs 19 and 20 of the affidavit, annexed along with present bail application. It is lastly urged that the applicant is in jail since 05.08.2018.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Let the applicant Sandeep Saini, involved in Case Crime No. 500 of 2017, under sections 302 and 34 IPC, P.S. Budhana, District Muzaffarnagar be released on bail on furnishing a personal bond 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 IPC.
(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 IPC.
(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.
Order Date :- 28.11.2018 shailesh