Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34912 of 2018 Applicant :- Sumer Bharti @ Sumer Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Prakash Sharma, learned counsel for the applicant and learned A.G.A. appearing for the State.
As per the prosecution case, an altercation took place between co-accused Shiv Patel and deceased; applicant was also present, thereafter, the body of the deceased was found in the field; postmortem examination report shows fracture of temporal bone and 3,4, 5 rib bone fracture; eye witnesses account have assigned the role of altercation to Shiv Patel, thereafter, the deceased left for his shop by cycle and Shiv Patel also went in the direction of his house; applicant is said to have gone in the direction of the deceased.
It has been contended by the learned counsel for the applicant that there is no eye witness account; no role has been assigned to the applicant except that the applicant had gone in the direction in which the deceased had gone. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 28.05.2018, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
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 tempering 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 Sumer Bharti @ Sumer involved in Case Crime No. 430 of 2018, under Section 304 I.P.C. Police Station Kotwali, District Deoria, be released on bail on his furnishing a personal bond with two sureties 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 :- 17.9.2018 K.K. Maurya