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Vedan vs State Of U P

High Court Of Judicature at Allahabad|28 February, 2018
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JUDGMENT / ORDER

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8033 of 2018 Applicant :- Vedan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Sudhir Kumar Agarwal, Advocate filed parcha on behalf of the informant today is taken on record.
Heard Sanjay Kumar Dwivedi, learned counsel for the applicant, Sri Sudhir Kumar Agarwal, learned counsel for the informnt and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 285 of 2017, under Sections 147, 302, 148, 149, 120B and 34 IPC, P.S. Jamunapar, District Mathura is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR of the incident was lodged promptly by Amar Singh against five named persons. The text of the FIR reveals that one co-accused Devanand alias Deva has taken the deceased on his motorcycle and rest of the accused persons surrounded him and heard the indiscriminate firing upon him by their respective firearm but the post mortem report reveals that there is singular firearm injury over his person. In the 161 Cr.P.C. statement Amar Singh and Ajay who has given eye witness account of the incident has attributed the role of lethal fire upon co-accused Sushil. He next submitted that the case of the Sushil is distinguishable from rest of the persons.The criminal antecedent of the applicant is duly explained satisfactorily in paragraph 14 of the affidavit. He lastly submitted that the applicant is in jail since 25.08.2017 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Vedan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 285 of 2017, under Sections 147, 302, 148, 149, 120B and 34 IPC, P.S.
Jamunapar, District Mathura with the following conditions:-
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY 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
(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 IPC.
(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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANTS 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 APPLICANTS ARE 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.
(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 APPLICANTS.
However, it is made clear that any violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at a liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 28.2.2018 Abhishek Sri.
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Title

Vedan vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 February, 2018
Judges
  • Rahul Chaturvedi
Advocates
  • Sanjay Kumar Dwivedi