Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14268 of 2019 Applicant :- Shivam Nagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Shivam Nagar with a prayer to enlarge him on bail in Special Sessions Trial No. 187 of 2017, arising out of Case Crime No. 262 of 2017, under Section 364-A I.P.C., Police Station-Jahanganj, District- Farrukhabad, during the pendency of the trial.
Submission of the learned counsel for the applicant is that FIR was lodged against unknown persons. However on the same day in police encounter case Sushil Jatav and Amit Jatav were arrested by the police along with victim; that Babloo Yadav and co-accused Shivam were shown to have fled away from the spot, which were shown in the statement of accused persons who were arrested on the spot. It is also contented that the applicant has no concern with the incident and there is no allegation made against the applicant by the prosecution side but only due to harassment, the co-accused have falsely disclosed the name of the applicant in the present case. It has further been submitted that the co-accused, namely, Babloo Yadav, Sushil Jatav and Amit Kumar Jatav have already been enlarged on bail the another Benches of this Court vide orders dated 30th October, 2017 in Criminal Misc. Bail Application No. 41270 of 2017, 16th April, 2018 in Criminal Misc. Bail Application No. 1103 of 2018 and 5th April, 2018 in Criminal Misc. Bail Application No. 12303 of 2018 respectively. The case of the present applicant is similar and identical to that of the aforesaid co- accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20th October, 2017. As such the present applicant has undergone more than one year and six months of incarceration.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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.
(Manju Rani Chauhan, J.) Order Date :- 26.4.2019 Sushil/-