Allahabad High Court
Basant Singh vs State Of U.P. on 8 July, 2019
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- BAIL No. - 4859 of 2019
Applicant :- Basant Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amarjeet Singh Rakhra,Bashisth Muni Mishra,Syed Ally Nasir Naqvi
Counsel for Opposite Party :- G.A.,Ajit K Yadav
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that first information report has been lodged with delay of about two days without giving any plausible explanation. Initially, it was lodged under section 308 IPC, later on it was converted into section 304 IPC. Perusal of the first information report reveals that role of inflicting injuries on the deceased with Gadasa and lathi is assigned to coaccused Rishabh Singh. The alleged recovery of Gadasa and lathi at the pointing out of accused applicant shown against him is false. There is no eye witness of the alleged incident. The whole case of the prosecution is based on hearsay evidence. The accused applicant has been made an accused only for the reason of his association with the aforesaid coaccused.
The accused applicant is languishing in jail since 27.0.01.2019. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 tampering 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 Basant Singh involved in Case Crime No. 18 of 2019, under Section 304 IPC, Police Station Gosainganj, District Sultanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 :- 8.7.2019
GSY
