Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3877 of 2018 Applicant :- Shane Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Applicant- Shane Alam seeks bail in Case Crime No. 209 of 2017, under Sections 147, 148, 149, 323, 307, 504 IPC, P.S. Sahaswan, District- Budaun.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that even according to the prosecution case, the victim has received injuries on his left leg, which cannot be said to be dangerous for life. Learned counsel for the applicant has further submitted that applicant is in jail since 17.10.2017 and there is no chance of applicant fleeing away from the judicial process or tampering the witnesses.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 applicant- Shane Alam be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to 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 :- 26.4.2018 KU