1. Heard Sri Zeeshan Alvi, learned counsel for the applicants and the learned AGA for the State.
2. This instant bail application has been filed by the applicants seeking bail in Case Crime No. 362/2020, U/S 306/506 I.P.C., Police Station - Shivratnganj, District - Amethi.
3. Learned counsel for the applicants has submitted that from the perusal of the F.I.R., the role of the applicants are only subsequent to the death of the deceased with regard to threatening the family not to inform the police. He further submitted that even if the version of the F.I.R. is deemed to be correct , there is no allegation ascribed to the applicants which link them to the suicide by the deceased.
4. It is submitted that there is no independent witness of the entire incident and applicants are languishing in jail and there is no criminal history of the accused. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
5. Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
6. 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.
7. Let the applicant, namely, Waseeq and Raju @ Haseeb involved in Case Crime No. 362/2020, U/S 306/506 I.P.C., Police Station - Shivratnganj, District - Amethi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that she would 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 her 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 her 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 her 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 her in accordance with law.
8. The bail application is accordingly disposed of.
(Alok Mathur, J.) Order Date :- 19.1.2021 Ravi/