Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28021 of 2015 Applicant :- Shivraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anjani Kumar Dubey,Devesh Pratap Singh Chauh,Radhey Shyam Yadav,Rajesh Kumar Mishra,Ravesh Kumar Singh,Ravindra Prakash Srivasta Counsel for Opposite Party :- Govt. Advocate,Naveen Kumar Pandey
Hon'ble Ramesh Sinha,J.
Heard Sri Santosh Kumar Mishra, holding brief of SRi Ravesh Kumar Singh, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record. Sri N.K. Pandey, learned counsel for the complainant is not present though the matter has been called out in the revised list.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that there was sudden quarrel between the applicant and the deceased who was done to death by the applicant with lathi and danda. The two of the accused have been granted bail by the court concerned. As per post- mortem report, injury no.1 of the deceased shows that his Spleen was ruptured, hence it cannot be said that the applicant was having knowledge that the Spleen of the deceased was enlarged. The applicant is in jail since 23.2.2015.
Learned AGA opposed the prayer for bail but could not dispute the argument of learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Shivraj Singh, involved in Case Crime No.117 of 2015, u/s 304 IPC, P.S. Maudarwaja, district Farrukhabad be released on bail on furnishing a personal bond 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 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.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
Office is directed to send the certified copy of this order to the trial court for it's compliance.
Order Date :- 22.2.2018 Gaurav