An S.C. возможна bail application filed by the driver involved in a murder and cheating case. The court released on bail without expressing an opinion on merits, fixing strict conditions related to attendance and avoiding adjournments.
Applicant released on bail while in custody subject to strict conditions of attendance and compliance.
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Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7140 of 2019
Applicant :- Sujeet Singh @ Surjeet Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Gupta
Hon'ble Suneet Kumar,J.
Heard Sri Jitendra Singh, learned counsel for the applicant, learned A.G.A. appearing for the State and learned counsel for the first informant.
It is contended by the learned counsel for the applicant that the co-accused Arvind Singh against whom allegation is of usurping the property on the basis of the will of the deceased has been enlarged on bail by this Court. The allegation against the applicant is that he was the driver of the vehicle in which the deceased and the main co-accused were taken to the office of the Registrar; there is no other allegation against the applicant nor any motive has been shown; the applicant is languishing in jail since 12 January 2017; he is entitled to be released on bail. It is lastly submitted that the reported criminal antecedent has been duly explained; there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail.
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 tempering 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.
Let the applicant, Sujeet Singh @ Surjeet Singh, involved in Case Crime No. 111 of 2016, under Sections 302, 201, 364, 420 I.P.C., Police Station Madnapur, District Shahjahanpur, be released on bail on his furnishing a personal bond with two sureties 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.
Order Date :- 24.9.2019 K.K. Maurya
2 issues framed by the court
Whether the applicant, named as the driver of the deceased and main accused, is entitled to bail in absentia with conditions.
Whether the co-accused Arvind Singh being on bail with a possession-related motive implies similar consideration for the applicant.
8 provisions across 2 enactments
Sujeet Singh @ Surjeet Singh
State Of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
