Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31490 of 2018 Applicant :- Virendra Alias Veeru And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State and perused the record.
It is urged that co-accused Mahendra Singh, Golu and Sonu Singh @ Sonu have already enlarged on bail in Criminal Misc. Bail Application Nos. 49228 of 2017, 20606 of 2017 and 7674 of 2018 vide Court's Order dated 21.02.2018, 06.06.2017 and 22.03.2018; chargesheet against the applicants was filed in 2017; the name of the applicants surfaced in the confessional statement of co-accused, Mahendra Singh, Sonu Singh and Golu involved in the commission of offence; there is no other case against the applicant; no recovery has been made from the possession of applicants. It is lastly submitted that the applicants have no criminal antecedent and they are languishing in jail since 16.07.2018. There is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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 applicants- Virendra @ Veeru, Dhirendra @ Dheru and Jaswant @ Jajja, involved in Case Crime No. 1218 of 2016, under Sections 147, 302/34, 201 IPC, Police Station- Kannauj, District-Kannauj be released on bail on their furnishing a personal bond of Rs. One lac with two sureties (one should be of their family members) 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 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 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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) The applicants 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 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.
Order Date :- 20.8.2018 S. Thakur