Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49981 of 2019 Applicant :- Shashank Jaiswal @ Sunny Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Rashid Siddiqui,Abhinav Gaur,Atul Kumar Shahi,Sri Anoop Trivedi (Sr Advocate) Counsel for Opposite Party :- G.A.,Hari Narayan Singh,Karunesh Pratap Singh,Prakash Chandra Srivastava
Hon'ble Pankaj Naqvi,J.
Heard Shri Anoop Trivedi assisted by Shri Ankit Shukla learned counsel for applicant, Shri P.C.Srivastava assisted by Shri Rajesh Mishra, for the informant and the learned A.G.A.
Applicant Shashank Jaiswal @ Sunny seeks bail in Case Crime no.1006 of 2018, under Sections 302/34 and 506 IPC, P.S. Cantt, District- Gorakhpur.
It is submitted by learned counsel for the applicant that informant and the deceased are step brothers, there was a dispute between them over partition, informant also had illicit relationship with the wife of deceased. On the day of occurrence the deceased saw both of them in objectionable condition upon which informant alongwith others assaulted the deceased and as the applicant and his family members attempted to rescue the deceased, they have been falsely implicated. It is further submitted that assuming all the allegations made in the FIR, to be true, no offence under section 302 IPC is made out, offence, if any, would not traverse beyond Section 304 IPC, applicant has no previous criminal history, is in jail since 25.11.2018, undertakes not to misuse the liberty, he be released on bail.
Learned AGA and learned counsel for the informant opposed the prayer for bail on the ground that story setup by defence is not borne out from any material.
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 the applicant involved in aforesaid case 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 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 :- 17.12.2019 RS