Hon'ble Ramesh Sinha, J. granted bail to Rohit Singh in a murder case, directing the submission of a personal bond with sureties and imposing conditions regarding trial attendance and expedition of the trial within three months.
Released on bail with personal bond of Rs. one lac and two sureties, subject to conditions of attendance and expedition of trial.
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Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25418 of 2015 Applicant :- Rohit Singh Opposite Party :- State Of U.P. Counsel for Applicant :- C.K. Parekh,Raunak Parekh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri C.K. Parekh, learned counsel for the applicant, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that applicant is said to have assaulted the deceased with an iron rod. The deceased received one lacerated wound on his head on account of which he died. Statement of all the witnesses of fact have been recorded. The formal witnesses statement is being recorded by the trial court. He further submits that statement of all the five prosecution witnesses has been recorded. The applicant is in jail since 25.5.2014.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Rohit Singh, involved in S.T. No.397 of 2014, Case Crime No.131 of 2014, u/s 147, 148, 149, 302 IPC, P.S. Cholapur, district Varanasi be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) each in 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 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 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 during trial 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 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 him in accordance with law.
The trial court is directed to expedite the trial and conclude the same preferably within the period of three months from the date of production of the certified copy of this order before the trial court, if the same has already not concluded.
Office is directed to send the certified copy of this order to the trial court for it's compliance. Order Date :- 4.5.2018 Gaurav
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal charge.
Rohit Singh
Ramesh Sinha
As recorded by the court registry
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