Allahabad High Court
Ram Kishan @ Pappu vs State Of U.P. on 12 November, 2014
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33209 of 2014
Applicant :- Ram Kishan @ Pappu
Opposite Party :- State Of U.P.
Counsel for Applicant :- R.K. Shukla,Ajay Kumar
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri LD Rajbhar, learned AGA for the State and perused the record.
It has been submitted that the applicant and the deceased were having liquor together and due to adulteration in liquor the deceased died and the applicant fell ill. The applicant was admitted in the the hospital and after treatment his life was very hardly saved but the life of father of namely Atish Singh and Munesh son of Diwan Singh could not be saved by the doctor. Due to some personal grudge the applicant has been falsely implicated in this case.
Learned AGA has opposed the prayer for bail.
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 Ram Kishan @ Pappu involved in Case Crime No. 235 of 2014 under Sections 302, 328 IPC, Police Station Chhatari, district Bulandshahr 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 :- 12.11.2014
SKS
