Rajat Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7618 of 2023 Applicant :- Rajat Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Alok Singh,Vijay Kumar Counsel for Opposite Party :- G.A.,Arun Sinha,Ram Chandra Singh Hon'ble Rajeev Singh,J.

¶1This is the second bail application of the applicant and his first bail application was rejected by this Court vide order dated

14.03.2022.

¶2Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record.

¶3The present bail application has been filed on behalf of the applicant in Case Crime No.504 of 2017 under Sections 302, 307, 504, 120-B I.P.C., Police Station Jamo, District Amethi, with the prayer to enlarge him on bail.

¶4Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 07.09.2017. He further submitted that applicant was also implicated in 11 other cases including Gunda Act and U.P. Ganster and Anti-Social Activities Act and in all these cases, he is on bail. He further submitted that till today, out of 30 witnesses, only one witness has been concluded before the trial court and there is no possibility of conclusion of trial in near future. He further submitted that the applicant is ready to cooperate in the trial, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶5Learned counsel for the complainant has opposed the prayer of the applicant for grant of bail and submitted that examination-in-chief of P.W.1 has already been recorded and

08.12.2023 is fixed for cross-examination but he does not dispute this fact that name of 30 witnesses is mentioned in the charge sheet.

¶6Learned A.G.A. opposed the prayer of applicant and submitted that the main role is assigned to the applicant and the weapon was also recovered from his possession but he does not dispute this fact that the applicant is in jail since 07.09.2017 and till today, out of 30 witnesses, only one witness has been examined.

¶7Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as the applicant is in jail since 07.09.2017 and till today, out of 30 witnesses, only one witness has been examined, therefore, I am of the view that the applicant is entitled to be released on bail.

¶8Let applicant -Rajat Singh -be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(ii) 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.

(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 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 IPC.

(v) 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 IPC.

(vi) 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10Trial court is directed to conclude trial expeditiously within a period of one month from the date of production of certified copy of this order without giving unnecessary adjournment to either of the parties.

¶11Superintendent of Police, Sultanpur as well as Joint Director, Prosecution, District-Sultanpur are directed to ensure the presence of witnesses as well as accused persons before the trial court.

¶12Senior Registrar of this Court is also directed to communicate this order to the trial court, Superintendent of Police, Sultanpur as well as Joint Director, Prosecution, District-Sultanpur. Order Date :- 28.11.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench