Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35293 of 2018 Applicant :- Sumit And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nagendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
According to prosecution case, FIR was lodged on 25.2.2018 (after 14 days of incident) against Hukam Singh, Sonu @ Bijendra, Sumit, Arun and Smt. Munni alleging that on 10.1.2018 at 8:30 am complainant Smt.Vimla Devi was informed by her husband Chandrapal over telephone that accused persons threatened him if he did not transfer his property to them. Thereafter, dead body of Chandrapal was found in canal. During investigation, blood stained brick and slippers were recovered at the pointing out of accused Hukam Singh.
It is submitted by learned counsel for the applicant that FIR was lodged after 14 days of incident. Cause of death is asphyxia. The dead body was found on the side of canal. There is no legal evidence against the applicants. Postmortem report shows the cause of death due to smothering. Applicants have been falsely implicated due to previous enmity. Motive is that for property, death was caused by accused persons, but this accused cannot be beneficiary of the property of deceased Chandrapal and his wife Smt. Vimla Devi. FIR was lodged after due thought and legal consultation. There is no independent or eye witness count. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; applicants having no other reported criminal antecedent are languishing in jail since 14.8.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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-Sumit and Arun involved in Case Crime No. 60 of 2018, under Sections 302, 201, 147 I.P.C., Police Station Kotwali Dehat, District Bijnor be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them, in accordance with law.
Order Date :- 19.9.2018 S.Prakash