Punit vs State of U.P.

Umesh Chandra Srivastava, J.—Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Submission is that F.I.R. of the incident has been lodged by the wife of the deceased against as many as 10 known and 4-5 unknown persons, in which the name of the applicant is not included. Further submission is that statement of the informant, Ikraman was recorded on 29.09.2015 and 13.10.2015 and in the said statement also she did not disclose the name of applicant as assailant and even Shahista, daughter of deceased, also did not disclose his name in her first statement recorded on 13.10.2015. She has disclosed the name of applicant subsequently in her statement under section 164 Cr.P.C. which has been recorded after 68 days of the alleged incident. Further submission is that general allegation of assault has been made against all persons named in the F.I.R., no specific role has been assigned to applicant. Further submission is that nothing incriminating article has been recovered either from the possession or on the pointing out of the applicant. Applicant has no other criminal history to his credit nor there is possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 23.12.2015 and he undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer.

Upon hearing learned counsel for the parties, considering the facts and circumstances of the case, nature of accusation made against applicant and without commenting on the merits of the case, I find it a case of bail.

Let applicant Punit be released on bail in Case Crime No. 241 of 2015, under Sections 147, 148, 149, 323, 307, 302, 427, 458, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act 1932, P.S. Jarcha, District Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.