Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28864 of 2019 Applicant :- Tarun Opposite Party :- State Of U.P.
Counsel for Applicant :- Pushpendra Singh,Abhitosh Mishra Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pushpendra Singh and Sri Abhitosh Mishra, learned counsels for the applicant, Sri Vivek Kumar Singh, learned counsel for the informant/complainant and Sri Lalji Maurya, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Tarun with a prayer to enlarge him on bail in Case Crime No. 44 of 2019, under Section 307 I.P.C., Police Station-Ahar, District- Bulandshahr, during the pendency of the trial.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to suspicion only. The applicant has not been named in the first information report nor his name has surfaced in the statement of the victim. For the first time the name of applicant has surfaced in the statement of the independent witness Pushpendra Kumar, wherein the role assigned to the applicant is of driver of the motor-cycle on which the accused persons came. In the statement of the co-accused, namely, Arvind Singh, who is brother-in-law of the injured, the role of firing has been assigned to the co-accused Aakash Kumar and Raju. In the said statement of the co-accused no specific role as to who is the author of fire arm injuries caused to the injured has been assigned to any of the co- accused. It has further been argued by the learned counsel for the applicant that the co-accused, namely, Arvind Singh and Aakash Kumar have already been enlarged on bail by the another Bench of this Court as well as by this Bench vide orders dated 31st May, 2019 and 1st July, 2019 passed in Criminal Misc. Bail Application Nos. 22094 of 2019 and 25422 of 2019 respectively. The case of the present applicant is on better footing to that of the aforesaid co- accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 29th April, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-