Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23370 of 2019 Applicant :- Vikas Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Babban Prasad Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Babban Prasad Dwivedi, learned counsel for the applicant, Sri Amrit Raj, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Vikas Srivastava with a prayer to release him on bail in Case Crime No. 175 of 2018, under Section 302 I.P.C., Police Station- Jalalabad, District- Shahjahanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case, due to ulterior motive. It is next argued that the present F.I.R. has been lodged by the informant against four unknown persons alleging therein that her son Waqar was murdered by firing on 04.04.2018 at about 09:00 p.m. by four unknown persons. The name of the applicant came into light on the application of Salim Khan, brother of the deceased. It is next submitted that there is no direct evidence against the applicant. In the statement of Km. Nisha, it has been stated that the applicant along with his friend had motive to eliminate the deceased because he was in love with Km. Nisha to which he objected. It is next submitted that no specific role has been assigned to the applicant. Though in the F.I.R., it has been stated that four unknown persons had fired upon the deceased but as per the injury report, there is only one fire arm injury. It is next submitted that the co-accused-Nasir @ Nasheem and Farukh @ Kaichua, having similar role, have already been granted bail by another Bench of this Court vide order dated 15.11.2018 and 04.12.2018 passed in Cri. Misc. Bail Application Nos. 42542 of 2018 and 45995 of 2018, respectively, copy of which orders have been appended as Annexure no.8 of the affidavit accompanying the bail application, therefore, the applicant is also entitled for grant of bail. The applicant is languishing in jail since 25.04.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, 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.
Order Date :- 6.6.2019 JK Yadav