This court granted bail to the applicant in a murder case involving Sections 147 and 302 IPC, despite the gravity of the offense, based on prima facie appealing submissions regarding innocence and origin of injuries.
Release on bail with a personal bond and two sureties in the same amount.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33622 of 2020
Applicant :- Shauquin Opposite Party :- State of U.P. Counsel for Applicant :- C.L. Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard C.L.Chaudhary, learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 570 of 2019, under Sections 147 and 302 IPC, P.S. Banna Devi, District- Aligarh is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that though the applicant is named in the FIR but fact remains that the deceased died at the rehabilitation centre as he was habitual of consuming intoxicants and drugs. There are two injuries over the person of the deceased and both the injuries are contusion and as per the opinion of doctor the cause of death is coma and hemorrhage as a result of ante mortem injury. It is contended by the counsel the applicant is habitual of various intoxicant and his sister has admitted him in the rehabilitation centre and it is just possible that on account of nonavailability of intoxicant, he might have self inflicted by some hard and blunt object. The entire incident is within the rehabilitation centre. The applicant is in jail since 08.10.2019 and has no criminal antecedents except the present one.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
The submissions made by learned counsel for the applicant, prima facie, quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, 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 fit case for bail.
Let the applicant Shauquin , be released on bail in the aforesaid case crime number on 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 HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 17.11.2020
Abhishek Sri.
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 147 and 302 IPC.
Shauquin
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
