Court No. - 43
Reserved On.- 10.12.2019
Delivered On.- 17.12.2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29666 of 2019 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Avanish Kumar Pandey,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Shri Bhavya Sahai, holding brief of Shri Avanish Kumar Pandey, learned counsel for the applicant, Shri A.N.Mulla, learned A.G.A. and perused the record.
Applicant - Sonu seeks bail in Case Crime No.20 of 2019, under sections 147, 148, 149, 364, 302, 323, 504, 506 I.P.C. Police Station Dadri, District G.B.Nagar.
It is submitted by learned counsel for the applicant that applicant is neither named in the First Information Report nor any incriminating article has been recovered from his possession, his name also does not find mention in Parcha No.II dated 6.1.2019 prepared by the investigating officer in which 14 accused have been named, no motive has been alleged against the applicant, PW-1 (informant) and PW-2 (wife of the deceased) have turned hostile, coupled with the fact that co-accused Bhupendra Kapasiya, Anil alias Tota, Sunil, Rahul and Bhagat Pradhan have already been enlarged on bail by this Court, applicant has criminal history of solitary case in which he has been granted bail and the alleged criminal history in counter affidavit filed by the State is subsequent to the lodging of the present F.I.R., applicant is in jail since 8.5.2019, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but neither could demonstrate any material to the contrary nor could dispute the claim of partiy.
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- Sonu involved in aforesaid case be released on bail on furnishing a personal bond and two heavy 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 casre 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 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 :- 17.12.2019 Rk