Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38676 of 2018 Applicant :- Sooraj Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
As per prosecution case, wife of the deceased, brother-in-law, father-in-law and applicant (chachiya sasur) had administered poison to the deceased forcibly, resultantly, deceased succumbed to injury; motive behind the murder is one lakh rupees given to the wife and her brother; postmortem examination report shows five injuries, abrasion and contusion; cause of death is not known, consequently, viscera has been preserved.
It is urged by the learned counsel for the applicant that applicant has been falsely implicated and he has no connection with the money as applicant would not be a beneficiary by death of the deceased. It is next contended that other co-accused, namely, Poshaki Lal and Krishna Devi having an identical role have already been granted bail by this Court vide orders dated 27.9.2018 and 28.9.2018 in Criminal Misc. Bail Application Nos. 36274 of 2018 and 37139 of 2018 respectively. It is next contended that there is no other evidence and the applicant is languishing in jail since 26.05.2018, having no criminal antecedent and in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Sooraj Pal, involved in case crime No. 171 of 2018, under Sections 147, 328, 302 IPC, police station Nawabganj, District Bareilly be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(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, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 12.10.2018 Arvind