Allahabad High Court
Ram Kunwar vs State Of U.P. on 24 July, 2019
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- BAIL No. - 6553 of 2019 Applicant :- Ram Kunwar Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Tripathi,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA is taken record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The contention of learned counsel for the applicant is that the applicant is being falsely implicated in this case. It is further contended that the ingredients of Section 346(A) of IPC are absent. It is also stated that the victim has not received any injury. Even before the trial court, the victim/PW2 has clearly stated that he was not abducted, neither anybody has demanded any ransom nor he was beaten. Thus, the entire prosecution case was demolished in view of the said statement given before the Court by the victim. The statement of victim/PW2 is filed along with the supplementary affidavit. It is also submitted that general allegations have been leveled against all the co-accused persons. The applicant is in jail since 13.11.2018. It is lastly 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 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 Kunwar involved in Case Crime No. 1503 of 2018, under Section 364-A IPC., Police Station- Kotwali, District- Unnao 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 24.7.2019 Vikram/-