Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31939 of 2018 Applicant :- Saudan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Prasad Shukla,Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It is urged that co-accused Mundendra Balmiki has already been enlarged on bail by co-ordinate Bench of this court; copy of bail order is placed on record; deceased was subjected to fire arm injury caused by un-named persons; name of the applicant surfaced in the second statement recorded after five months from the date of the incident only on the basis of suspicion; there is no other evidence against the applicant; no recovery has been made on the pointing out of the applicant; criminal antecedent of the applicant has been duly explained; applicant is languishing in jail since 19.1.2016. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
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-Saudan Singh involved in Case Crime No. 218 of 2015, S.T. No. 387 of 2016, under Sections 302, 394 of I.P.C., Police Station Anwala, District Bareilly 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 :- 24.8.2018 Saurabh