Allahabad High Court
Shubham vs State Of U.P. on 30 April, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 557 of 2015
Applicant :- Shubham
Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Shanker Trivedy
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Anurag Kumar Upadhyay holding brief of Sri Prem Shanker Trivedy, learned counsel for the applicant and Ms. Farhat Jamal Siddiqui, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is the brother of the deceased. He submits that the F.I.R. of the present case was lodged by the father of the applicant and the deceased, namely, Rajol but during the course of investigation, he has also been made an accused in the present case along with the applicant on the basis of extra judicial confession made before the Pradhan of the village, except the same there is no cogent evidence against the applicant. He submits that identically situated co-accused Rajol has already been granted bail by this Court vide order dated 21.11.2014, hence the applicant is also entitled to be released on bail. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Copy of the bail order of the aforesaid co-accused has been produced by learned counsel for the applicant, the same is taken on record.
Without expressing any opinion on the merits of the case and 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 Shubham involved in Case Crime No. 832 of 2014 under Sections 302, 201 I.P.C., police station Achalganj, District Unnao 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 :- 30.4.2015
shiraz
