Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44057 of 2017 Applicant :- Satendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Kumar Counsel for Opposite Party :- G.A.,Babita Upadhya
Hon'ble Suneet Kumar,J.
Counter affidavit filed by learned A.G.A. and rejoinder affidavit, thereto, filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Order-sheet reflects that counsel for the informant is not appearing in the proceedings.
Learned counsel for the applicant submits that applicant claims parity with the co-accused Hariom, who has already been enlarged on bail by this Court; role of firing has been specifically assigned to the co-accused Awadhesh Kumar, no recovery has been made from the possession or on the pointing out of the applicant; it is urged that the applicant has been falsely implicated, hence, the applicant is also entitled for bail on the ground of parity; applicant having no other reported criminal antecedent is languishing in jail since 18.8.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Satendra Singh involved in Case Crime No. 906 of 2017, under Sections 307, 302, 323, 504 I.P.C., Police Station Kotwali, District Etah be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in 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 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 of the Indian Penal Code.
(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. 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 him, 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 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.
Order Date :- 27.8.2018 S.Prakash