Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52238 of 2019 Applicant :- Vishesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra 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, Vishesh Kumar, who is involved in Case Crime No. 26 of 2019, under Sections 354, 306 & 506 I.P.C., P.S. Nagla Singhi, District Firozabad.
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 has not committed any offence as alleged in the F.I.R. It is further submitted that after completion of investigation charge sheet in the present case has been filed on 11.08.2019. It is further submitted that incident is said to have taken place on 02.06.2019 and F.I.R. in the present case has been lodged after two days of the incident i.e. on 04.06.2019. It is further submitted that name of the applicant has not been mentioned in the first information report and co- accused who is named in the F.I.R. has committed the said offence. It is further submitted that name of the applicant has come into light for the first time after five days of the incident. It is further submitted that there is no evidence on record which show that applicant ever abetted or instigated to the deceased to commit suicide. It is further submitted that there is no material ingredient on record to satisfy the commission of offence under Section 306 I.P.C. It is further submitted that co-accused Ashok Kumar and Rajendra Singh who were not named in the F.I.R., have already been granted bail by the co-ordinate Bench of this Court vide orders dated 21.10.2019 and 23.10.2019 in Criminal Misc. Bail Application Nos. 43520 of 2019 and 44227 of 2019 respectively. The applicant has no previous criminal history which has been explained in para-30 of the bail application, he is not likely to abscond. The applicant is in jail since 05.08.2019.
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, nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of threat to complainant in support of charge, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Vishesh Kumar, 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 :- 27.11.2019/AKT