Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46603 of 2017 Applicant :- Shivam Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Nath Mishra,Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.,Ved Prakash Ojha
Hon'ble Ramesh Sinha,J.
Heard Sri A.N. Mishra, learned counsel for the applicant, Sri V.P. Ojha, learned counsel for the complainant and Sri J.K. Singh, learned Brief Holder appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant was neither named in the F.I.R. nor in the 161 Cr.P.C. statement of the informant. Only on the basis of statement of one Janki Sharan which was recorded after two months of the incident, who has informed the wife of the deceased that the applicant was seen near the house of the deceased, the applicant has been falsely implicated in the present case. He submits that the said statement was an afterthought. So far as recovery of golden chain of the deceased from the possession of the applicant is concerned, the same is fabricated one just to create an evidence against him except the same there is no cogent evidence against the applicant. The applicant has no other reported criminal antecedent. The applicant is in jail since 24.6.2017.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and submitted that the applicant was employed with the deceased along with co-accused Neeraj driver to which learned counsel for the applicant submits that the applicant was never employed with the deceased.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Shivam involved in Case Crime No. 1437 of 2017 under Sections 302, 404 I.P.C., Police Station Kotwali, District Lalitpur be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned with 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of eight months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 22.2.2018 Shiraz