Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24353 of 2019 Applicant :- Shaukeen @ Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri S.I.Jafri, learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 1269 of 2017, under Sections 147, 363, 302, 34 and 201 IPC, P.S. Sahibabad, District Ghaziabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is not named in the FIR. His complicity has figure up in the confessional statement. According to the prosecution the FIR was lodged against unknown persons on 07.06.2017 for the incident said to have been taken place on 05.06.2012 whereby Samir Khan aged about 10 years was missing, eventually the dead body was recovered on 10.06.2017. According to the post mortem report, he died on account of asphyxia ante mortem throttling. It is contended by the counsel that during investigation, the name of Jannati, Abbas, Iqbal, Shaukeen @ Sonu and Sazid were witnessed during the course of investigation, out of these persons, the coordinate Bench of this Court has granted bail to Jannari, Abbas and Iqbal, the bail orders are annexed as Annexures- 8,9 and 10 respectively on different occasion. Learned counsel for the applicant submits that the case of the applicant stand on similar footing than that of those co-accused mentioned above who have already been enlarged on bail. He lastly submitted that the applicant is in jail since 18.06.2017 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Learned AGA has unable to point out any point of distinction with those persons who have already been enlarged on bail. Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Shaukeen @ Sonu be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 1269 of 2017, under Sections 147, 363, 302, 34 and 201 IPC, P.S. Sahibabad, District Ghaziabad with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 14.6.2019 Abhishek Sri.