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2015 DIGILAW 2019 (ALL)

Jaan Mohammad @ Janu v. State of U. P.

2015-07-21

PRATYUSH KUMAR

body2015
JUDGMENT Pratyush Kumar, J. Heard Shri Pankaj Bharti, advocate appearing for the applicant, learned A.G.A. and perused the record. 2. According to prosecution, on 12.01.2015 at 7.00 p.m. in the jungle of Village Safipur at Bawana road, P.S. Budhana one car was stopped. Two mobile phones, one D.L., one Identity Card and Rs.25,000/- cash were looted. Vijay Pal Singh reported the incident naming three persons. 3. Learned counsel for the applicant submits that the applicant is not named in the FIR. Nothing has been recovered either on the pointing out of the applicant or from his possession. He has been implicated on the basis of the confessional statement recorded by the Investigating Officer of the co-accused. 4. On behalf of the State bail has been opposed. Since no admissible evidence has been indicated to show the involvement of the applicant, applicant is entitled to be released on bail. 5. Let the applicant Jaan Mohammad @ Janu involved in Case Crime No.11 of 2015, under section 392, IPC, P.S. Budhana, District Muzaffar Nagar be released on bail on 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 the 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.