Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6492 of 2019 Applicant :- Shishupal Bharti Alias Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Chandra Bhushan Verma,Mukti Nath Dwivedi,Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Counter affidavit filed by learned A.G.A, which is taken on record.
This bail application has been filed by the applicant-Shishupal Bharti Alias Pintu, bail in Case Crime No.535 of 2018, under sections 306 and 120-B I.P.C, Police Station Rosa, District Shahjahanpur.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on the basis of doubt. The offence is simple in nature. There is no direct evidence against the applicant. He has further submitted that the applicant is student and pursuing for competitive examination. He has further submitted that the victim was in love with K.P Singh i.e Bhanja of complainant and desired to marry with him for which her parents were not ready due to which the victim has committed suicide. The applicant is in jail since 17.11.2018. If he released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has vehemently opposed and did not dispute the factual submission made by learned counsel for the applicants.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and period of detention of applicant, without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Shishupal Bharti Alias Pintu, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 (iv) argument/judgement.
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 :- 31.7.2019 G.S