Baljeet Alias Bona v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47187 of 2023 Applicant :- Baljeet Alias Bona Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

2.Learned counsel for the applicant submits that the incident is alleged to have taken place on 28.04.2017 whereas, the F.I.R. has been lodged on 27.07.2017 without there being any plausible explanation of such an inordinate delay wherein two accused persons including the applicant and one unknown person have been nominated as an accused. He further submits that after investigation, final report dated 13.11.2018 was submitted against which protest petition was filed after a lapse of more than 8-9 months upon which, the learned Magistrate had taken cognizance under Section 190 (1)(B) and summoned the applicant along with co-accused for the offence under Section 302 I.P.C. against which revision was filed which was rejected vide order dated

31.07.20223. Learned counsel further submits that the aforesaid orders were challenged by means of filing Criminal Misc. (482) Application No. 31256 of 2023 which was disposed of vide order dated 27.09.2023 with the direction to the applicant to appear and surrender before the Court pursuant to which, the applicant surrendered before the Court below. Learned counsel further submits that the only allegation against the applicant the deceased was last seen with the applicant, apart from the same there is nothing on record to demonstrate the complicity of the applicant in commission of alleged offence. It is thus contended that the applicant is entitled for bail. 1 Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 11.10.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant Baljeet alias Bona involved in Case Crime No. 385 of 2017 (Criminal Case No. 4428 of 2020) under Section 302 I.P.C., Police Station Civil Lines, District Etawah, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶6The 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 in accordance with law.

¶7The bail application is allowed. Order Date :- 17.11.2023 S.Ali High Court of Judicature at Allahabad