Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39803 of 2018 Applicant :- Vikash Singh And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Vinay Kumar Singh, learned counsel for the applicants, Sri S.C. Pandey, learned counsel for the complainant, Sri Amit Sinha, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 165 of 2018, u/s 147, 148, 149, 302, 504 IPC, P.S. Barhaj, District Deoria with the prayer for enlarging them on bail.
It is submitted by learned counsel for the applicants that according to F.I.R. itself, role of firing on the deceased after dragging at some distance has specifically been attributed to Anurag Singh, Nandan Singh and Satyavan Singh. It is stated that the incident had taken place on account of election rivalry. It has been further submitted that in the post mortem report only one gun shot injury was found having corresponding wound as well. He further submitted that the applicants have not been attributed to any role of causing injury to the deceased and their case is distinguishable from other co-accused who has been specifically named in the F.I.R. of causing injury by firearm.
It has been further argued that identically placed co-accused persons namely Durgesh Singh and Rishikesh Yadav have already been granted bail by this Court in Criminal Misc. Bail Application No. 37120 of 2018 and 39163 of 2018.
Learned counsel for the informant has opposed the prayer for bail and submitted that prior to the present incident the accused persons had made attempt to murder the deceased on account of election rivalry.
State counsel has also opposes the bail application, however, he does not dispute the fact that the case of the applicants is identical to case of those persons, who have already been granted bail by this Court.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicants without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Vikash Singh, Krishna @ Mikku Singh and Sheru Singh @ Aditya Singh involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties 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 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 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 their under section 229-a I.P.C.
(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 I.P.C.
(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 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.
(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 wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court and the trial court is at 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 :- 27.10.2018 S.K.