Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39706 of 2018 Applicant :- Shivlal @ Shivpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Abhishek Srivastava, learned counsel for the applicant and Shri P.S. Jadaun, learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 222 of 2018, under Sections 147, 148, 149 and 302 of I.P.C., Police Station Sahaswan, District Budaun.
As per prosecution case, on 22 May 2018, the main accused Kaptan Singh @ Shaitan Singh took the deceased in his house on his motorcycle and, thereafter, he made an attempt to snatch his cellphone, golden chain and also money. It is said that when the deceased had protested against some act of Kaptan Singh, he caused gun shot injury to the deceased resulting his death. It is said that the applicant, who is brother-in-law of the main accused, was also present at the place of occurrence.
Learned counsel for the applicant submits that no specific role has been assigned to the applicant and as per statement of Tej Pal, he saw the accused applicant fleeing from the spot alongwith other accused. Counsel for the applicant further submits that considering the facts and circumstances of the case even accepting the entire prosecution case, no case against the applicant is made out.
On the other hand, learned A.G.A. opposes the application for bail. He, however, does not dispute that but for the statement of Tej Pal, there is no other witness who has deposed against the applicant.
Considering the facts and circumstances of the case and also considering the evidence available on record till date, without further any comments on merit, I am inclined to release the applicant on bail.
Let the applicant-Shivlal @ Shivpal, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-a I.P.C.
(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., 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, in accordance with law, under section 174-a I.P.C.
(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 him 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 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 :- 26.10.2018 nethra