Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7102 of 2018 Applicant :- Sumit Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submitted the applicant is not named in the F.I.R. and has been falsely implicated in the present case. The applicant's name is come up by Girish Kumar and Santosh Kumar whose statement recorded on 26.04.2017 after 20 days of the incident. It is further submitted that after ten days of the incident lodging F.I.R. Several other submissions assailing the truthfulness of the allegations levelled against the accused have been placed forth learned counsel for the applicant. False implication has been pleaded. Learned counsel for the applicant also drawn the attention of the Cour to the bail orders of dated 20.12.2017, 20.11.2017, 18.07.2017 and 10.08.2017 passed with regard to the co-accused Girish Kumar, Santosh Kumar, Ziyalal Pathak and Smt. Sadhana Pathak by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 50043 of 2017, 45076 of 2017, 24633 of 2017, 21743 of 2017.
Learned counsel for the applicant submitted that role of the applicant is admittedly same with that of the co-accused who have already been released on bail, and therefore, on principles o parity also the applicant should be released on bail. The name of the applicant relying upon the confessional statement of co-accused and recovery of knife has converged under the scrub. The applicant is in jail since 20.12.2017 and has no criminal antecedents.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 Sumit Pathak, involved in Case Crime No. 307 of 2017, under Sections 302, 201, 364, 328, 420, 120-B I.P.C., Police Station New Agra, District Agra 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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/HER 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/her bail so granted by this court.
Order Date :- 23.2.2018 M/A.