Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25163 of 2016 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Tyagi,Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Afzal
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the deceased was having an affair with the co-accused Vivek but the family members of the informant disliked the relationship of deceased with the co-accused on account of which, the deceased committed suicide and she was seen coming out from her house in a burning condition. It is contended that the only allegation against the applicant is that he remained in the company of the co-accused Vivek and there is no evidence on record to connect the applicant with the complicity of the alleged offence. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended that there is no likelihood of early conclusion of trial in near future. It is further contended that the applicant has no criminal history and the applicant is in jail since 31.3.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
It is lastly contended that against whom main allegation has been levelled i.e. Vivek has already been enlarged on bail by another Bench of this Court vide order dated 11.8.2017 passed in Criminal Misc. Bail Application No. 29209 of 2017, photo copy of which order has been produced before this Court, which is being taken on record.
Learned A.G.A. opposed the prayer for bail.
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 tempering 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 Vikas involved in Case Crime No. 131 of 2016 under Section 306, 452, 504, 506 IPC, Police Station Hapur Nagar, District Hapur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 31.5.2018 faraz