Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38709 of 2018 Applicant :- Vishal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri A.K. Dubey and Sri C.B. Dubey, Advocates have filed Vakalatnama on behalf of informant, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Sri A.K. Dubey and Sri C.B. Dubey, learned counsel for the informant and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicants were not named in the F.I.R. Their names came into light in the confessional statements of the co-accused namely Sanju and Deepa. It is next submitted that till date no evidence was found against the applicants. There was no motive and intention of the applicants to commit the murder of the deceased. Nothing was recovered from the possession of the applicants or at their pointing out. There is no criminal history of the applicants. They are languishing in jail since 29.4.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the informant has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants namely Vishal and Abhishek involved in Case Crime No.135 of 2018, under Section 302 I.P.C., Police Station Singhawali Aheer, District Baghpat, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicants will file an undertaking to the effect that they will 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 will 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 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 his 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 will 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 are 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 26.10.2018 Rmk.