Allahabad High Court
Firoz 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. - 26687 of 2014
Applicant :- Firoz
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Misra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard lSri Dinesh Kumar Mishra, learned counsel for the applicant and learned AGA for the State and perused the record.
It has been submitted by the learned counsel for the applicant that the applicant is last seen with Jamil Kamruddin. He has no concern with the murder of the deceased. The deceased died due to heart attack. The applicant is being falsely implicated in this case due to some personal grudge with the complainant his other family members as the applicant had denied to marry with the sister of the deceased. He further submitted that the applicant would ever confess before the wife of the deceased that he killed his husband.
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 Firoz son of Rahiso involved in Case Crime No. 415 of 2014 under Section 302, 147 I.P.C., police station Tajganj, districtd Agra 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
