Girish vs State Of U.P.

Heard learned counsel for both the parties and perused the record.

The present special leave petition has been filed by Girish, a co-accused in Crime No. 95/2018 filed under Section 302 read with Section 34 I.P.C.

In the present case, there were four persons accused of the offence, including the present petitioner. The murder of the deceased was alleged to have been caused by accused Dinesh who was yielding a pistol in his hand. The post-mortem report revealed that the death of the deceased was caused by a single gunshot wound on the back-right side of the skull. The country made pistol was recovered from the possession of the accused Dinesh. The Allahabad High Court vide Order dated 01.11.2018 granted bail to two of the accused, viz. Devendra and Virendra.

The present applicant has been in custody since 19.05.2018.

Without expressing any opinion on the merits of the case, and the evidence brought on record, the present applicant is entitled to be released on bail in Case Crime No. 95 of 2018 furnishing Personal Bond with two securities in the like amount to the satisfaction of the Sessions Court, subject to 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 to 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. be issued, and if 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 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.

The Special Leave Petition is disposed of accordingly.