In a criminal bail application, the court granted bail to the applicant under Sections 302, 201, and 120-B IPC, citing the reformative theory of punishment and Article 21 references Dataram Singh.
Release on bail via personal bond and two sureties (Rs. Two Lakh each, one from family member) subject to specific conditions.
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Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23080 of 2019
Applicant :- Kamlesh Giri Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Singh,A Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
This is Second Application of the applicant for grant of bail. The First Bail Application was dismissed on 24.4.2019, for want of prosecution.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that allegations made against the applicant are false, fabricated and concocted in fact deceased Puneet Giri was the habitual drinker and after the recovery of the dead body of Puneet Giri from the river as unknown dead body identified by the first informant and other family members of the deceased they started blaming the wife of the deceased that she in connivance with the applicant killed the deceased Puneet. In fact the informant were not ready to share the property with the wife of the deceased Puneet, to which applicant made pressure upon them for securing the future of wife of the Puneet (deceased), for this reason under the conspiracy F.I.R. was lodged and applicant has been implicated in the present case. There is no independent witness of the alleged incident. It is further contended that no specific role has been assigned to the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 29.3.2018, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Kamlesh Giri, be released on bail in Case Crime No. 34 of 2018, under Sections - 302,201,120 B IPC, Police Station- Bardah, District- Azamgarh, on furnishing a personal bond and two sureties (Rs. Two Lakh each) (One should be of a family member) before the court concerned subject to 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 identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.11.2019 ssm
1 issue framed by the court
Whether bail should be granted in a case involving fabrication of evidence and false implication of the accused.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Kamlesh Giri
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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