Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23798 of 2019 Applicant :- Satish Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi,Manish Tiwary(Senior Adv.) Counsel for Opposite Party :- G.A.,Rajesh Yadav Hon'ble Rahul Chaturvedi,J.
Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Prakash Dwivedi, learned counsel for the applicant, Sri Rajesh Yadav, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.258 of 2018, under Section 302, 120B IPC Police Station-Thoothibari, District-Maharajganj is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that applicant is not named in the FIR and his complicity figured up after confessional statement of co-accused Sanju who has attributed the role to the applicant. The next contention raised by learned counsel for the applicant is that as per FIR, the deceased was assaulted by knife and banka and sharp edged weapon upon his head and post mortem report reveals that deceased has sustained as many as seven incised wound over his head. As per the opinion of the doctor, cause of death is asphyxia as a result of strangulation. After three months of the incident, the alleged weapon i.e. banka was recovered which was used in the assault. Admittedly, the applicant is not even named in the FIR and he could not be said to be direct beneficiary of the domestic land in question. It is further contended that co-accused person namely Sanju was enlarged on bail vide order dated 21.02.2019, copy of which is annexed as Annexure-9 to the application and the case of the applicant stands on better footing than that of abovesaid co-accused persons. It is also submitted that the applicant is languishing in jail since 20.02.2019.
Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail.
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, I am of the view that the applicant has made out a case for bail.
Let the applicant-Satish Yadav, involved in case crime no.258 of 2018, under Section 302, 120B IPC Police Station- Thoothibari, District-Maharajganj 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 WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPLICANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
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 :- 11.6.2019 Sumit S