Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35957 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, deceased, a seven year old child, went missing, subsequently, his dead body was found from the pond; postmortem examination report shows injury on the body; cause of death is due to drowning; applicant along with his brother are named in the F.I.R. on suspicion.
It is urged by learned counsel for the applicant that there is no motive in the commission of the offence; applicant was named only on the basis of suspicion; eye-witness account has been setup after 1-1/2 months from the incident; there is no previous enmity with the applicant or with his family; applicant has been falsely implicated in the aforesaid case; PW-1 has turned hostile and has not supported the prosecution case; applicant has no other reported criminal antecedent; applicant is languishing in jail since 2.5.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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. 706 of 2017, under Sections 302, 201 I.P.C., Police Station Bhogaon, District Mainpuri be released on bail on his furnishing a personal bond 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.
Order Date :- 25.9.2018 Saurabh