Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21399 of 2019 Applicant :- Vipin Kumar Bharti Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Vipin Kumar Bharti, who is involved in Session Trial No. 176 of 2018 arising out of Case Crime No. 54 of 2018, under Section 302 I.P.C., P.S. Karimuddinpur, District Ghazipur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant is not named in the F.I.R. and his name has come into light during investigation. It is further submitted that there is no legal evidence against the applicant except his confessional statement before the police personnel. It is further submitted that after completion of investigation charge sheet in the present case has been filed on 19.07.2018. It is further submitted that co-accused Harish Chandra Ram who was also not named in the F.I.R. has been granted bail by the co-ordinate Bench of this Court vide order dated 25.02.2019 in Criminal Misc. Bail Application No. 7676 of 2019 copy of which is appended as Annexure-6 with the bail application. The applicant has no previous criminal history which has been explained in para-23 of the bail application, he is not likely to abscond. The applicant is in jail since 17.05.2018.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the bail application but not contradicted the aforesaid submissions made by learned counsel for the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Vipin Kumar Bharti, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 28.11.2019 AKT