In Criminal Misc. Bail Application No. 3988 of 2020, the Court granted bail to Bhikhari alias Bheekam in a case involving Sections 302 and 120-B IPC on grounds of no criminal history and lack of specific charge in FIR.
Release on bail by personal bond and two sureties with conditions of attendance and no abuse of liberty.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3988 of 2020
Applicant :- Bhikhari Alias Bheekam Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Vivek Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Present bail application has been filed by the accused-applicant, Bhikhari alias Bheekam, for enlarging him on bail in Case Crime No. 349 of 2019, under Sections 302, 120B, I.P.C. P.S.Parikshitgarh, District- Meerut, during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is not named in the first information report and the specific role of firing has been assigned to five accused namely, Lokesh, Mahkar Singh, Gyanu, Pravendra @ Rahul, Soni and Priti. It is further contended by learned counsel for the applicant that in the statement recorded under Section 161, Cr.P.C., accused did not mention his name and in the statement of the co-accused namely, Lokesh and Mahkar Singh, name of the applicant was figured for the first time as he made a criminal conspiracy resulting into the occurrence. It is further contended by learned counsel for the applicant that the provisions of Section 120-B, I.P.C. shall not be attracted and he cannot be implicated in the case on the basis of the statement of the coaccused. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 6.9.2019 having no criminal history.
On the other hand learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Bhikhari alias Bheekam , 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 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 28.1.2020 T. Sinha
1 issue framed by the court
Whether the accused-applicant is entitled to bail under criminal law.
Bhikhari Alias Bheekam
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
