Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 1565 (ALL)

Devnarayan v. State of U. P.

2017-06-28

RAMESH SINHA

body2017
JUDGMENT Sri Narendra Kumar Tiwari, Advocate has filed his power on behalf of the complainant, which is taken on record. Heard Sri K.D. Tiwari, learned counsel for the applicant, Sri Narendra Kumar Tiwari, learned counsel for the complainant, Sri S.A. Naseem, learned A.G.A. for the State and perused the record. It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that the applicant is not named in the FIR. After two months of the incident, the statement of six years old girl namely Arti was recorded u/s 161 Cr.P.C. wherein she has stated that she saw the occurrence along with one person murdering the deceased. The said statement of the alleged eye-witness is an afterthought and has been fabricated. No recovery of any incriminating article has been made from the possession of the applicant or at his pointing out. The applicant is in jail since 8.5.2017 and has no criminal history. Learned counsel for the complainant as well as learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Let the applicant Devnarayan, involved in Case Crime No. 332 of 2016, u/s 302 IPC, P.S. Charkhari, district Mahoba 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 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 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.