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2017 DIGILAW 1569 (ALL)

Pappi @ Pappu v. State of U. P.

2017-06-29

RAMESH SINHA

body2017
JUDGMENT Sri Tripurari Pal filed his vakalatnama on behalf of the complainant is taken on record. Heard R.K Singh Gaharwar, learned counsel for the applicant, Sri Tripurari Pal, learned counsel for the complainant, Sri Tarun Gaur, learned A.G.A. appearing for the State and perused the record. It has been contended by the learned counsel for the applicant that the daughter of the applicant has eloped with one Rinku. The deceased who is the friend of co-accused Rinku with whom the daughter of the applicant had eloped. The deceased Naresh committed suicide because his father had beaten him for helping his friend Rinku by stealing Rs. 2000/- from his house. The applicant has no other reported criminal antecedent. The applicant is in jail since 31.03.2017. Sri Tripurari Pal, learned counsel for the complainant and learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Pappi @ Pappu involved in Case Crime No. 270 of 2017 under Sections 306, 147 I.P.C., Police Station Atrauli, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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.