Allowed

Fona @ Saurabh v. State of U.P.

Allahabad HC7 Oct 2020BAIL/11711/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused of murder and kidnapping under various IPC sections. The court imposed strict conditions regarding evidence tampering, trial attendance, and consequences of non-compliance, specifically citing IPC and CrPC provisions.

What did the court decide?

Released on bail subject to personal bond, two sureties, and strict undertakings regarding trial attendance and non-tampering with evidence.

Fona @ Saurabh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11711 of 2020

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Applicant :- Fona @ Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the applicant, the learned A.G.A for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No.27 of 2019, under Section 364, 302, 201 I.P.C., Police Station Garhipukhta, District- Shamli with the prayer to enlarge him on bail.

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The first bail application of the applicant was rejected by the Court on 18 November 2019 noting that an independent eye witness had seen the applicant in the company of the deceased. The Court is however apprised that even though trial has commenced, that independent eye witness has not been included as a prosecution witness. Learned counsel for the applicant further states that no application till date has been made before the Sessions Court for him being summoned to appear and depose. The Court notes from the solitary statement of the prosecution witness recorded in the course of trial that all that is averred is of the deceased having been last seen with the applicant on 18 February 2019. His body was recovered after three days. The applicant has otherwise remained in jail since February 2019. It has next been

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submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant Fona @ Saurabh 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 subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) 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

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of the Indian Penal Code.

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(v) 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.

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Order Date :- 7.10.2020 LA/-

Fona @ Saurabh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fona @ Saurabh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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