In a criminal miscellaneous bail application under Sections 147, 302, and 201 IPC, this court released the applicant on bail subject to additional conditions. The judgment notes weak prosecution case and prior bail accords to co-accused.
Applicant released on personal bond and two sureties subject to conditions regarding appearance and behavior.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9698 of 2020
Applicant :- Vikas Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sarvjeet Kumar,Vikrant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant; the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 273 of 2019, under Sections 147, 302, 201 IPC, Police Station Pipari, District Kaushambi.
The first bail application of the applicant here had been dismissed with the Court taking note of the statement of one Jitendra, recorded in the course of investigation who asserted that he had last seen the applicant-accused travelling alongwith the deceased on a tractor. The Court however is now informed that despite completion of investigation and submission of charge sheet, no further evidence has been gathered or placed before the trial court in support of the charges which are levelled and the prosecution rests solely on the statement of the village Chowkidar referred to above. Additionally the attention of the Court is drawn to the orders passed on Criminal Misc. Bail Application No. 1280 of 2020 in terms of which the named accused have been accorded the facility of bail. The Court also bears in mind the submission that till date the body of the alleged deceased victim has not been recovered. The applicant has otherwise remained incarcerated since 10 August 2019 and it is submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the
applicant but could not point out anything material to the contrary.
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.
Let applicant Vikas Pal 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:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(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.
(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.
(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 of the Indian Penal Code.
(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.
Order Date :- 15.10.2020 faraz
1 issue framed by the court
Whether bail be granted to the applicant considering the evidence status and prior bail orders.
4 provisions across 2 enactments
Vikas Pal
State of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
