YOGENDRA KUMAR SANGAL,J. - (1.) THIS is an application on behalf of the accused-applicant Pitambar S/O Jaipal for release on bail in case crime number 33 of 2008 (SST No. 67/2003) under Section 147, 504, 506 & 364 A IPC, P.S. Jasrana, district Firozabad.
(2.) HEARD learned counsel for the applicant, learned AGA for the State and perused the record. Accused applicant was on bail in the aforesaid case crime number 33 of 2008 under the order of this Court dated 10.11.2003. His case was committed to the court of Session by the learned Magistrate and he remained present on 24.11.2003 and 20.02.2004 in the court of Sessions Judge, district Firozabad. Later on he had not appeared in the case on several dates so orders for issuance of NBW, notices to the sureties were passed. Process under Section 82 and 83 Cr.P.C. were also issued against him and on 16.04.2007 under Section 83 Cr.P.C. his property was also attached, only then he appeared on 11.05.2007 and surrendered himself in the court and applied for bail. Vide order dated 05.09.2008, his this bail application was rejected by the Session Court. As per prosecution case, main role was assigned to the applicant in the case and victim Prabal Bhartiya was said to has been recovered from the possession of the accused applicant. Under the order of this Court, the applicant was released on bail but later on he did not appeared before the trial court. When the proceedings were started, the only ground taken by the applicant for his absence was that his counsel has not informed him about the proceedings of the case properly, so he could not appeared in the trial court on the date fixed. He remained absent about 3 and 1/2 years from the court on various dates. If his counsel had not informed him about the dates and proceedings, it was also his duty to know about the proceedings of his case but why he did not make any effort in this regard, it is not sufficiently explained on his behalf. Learned AGA argued that during the aforesaid period i.e. February, 2004 to May, 2007 he was again found involved in four cases, being case crime number 188 of 2004 under Section 25 Arms Act, case crime number 110 of 2005 under Section 110 G Act and case crime number 130 of 2007 under Section 364 A IPC and case crime number 131 of 2007 under Section 147, 148, 149 and 307 IPC. Learned AGA argued that this all shows that the applicant has misused the liberty of bail and due to his absence for 3 years and 1/2 years, further proceedings of this case remained in abeyance. Learned counsel for the applicant argued that he was falsely involved in case crime number 130 of 2007 and case crime number 131 of 2007 and he was released on bail by the court in both the cases and he has placed before the court the copy of the bail order. From the copy of the bail order in case crime number 130 of 2007 (SST number 108 of 2007) it reveals that correct facts were not placed before the court and it was pleaded that he has no criminal history, considering this aspect of the case the applicant was released on bail. Now when the process under Section 83 Cr.P.C. were initiated against him and his property was attached only then he has appeared in the court on 11.05.2007. Copy of the order-sheet is also available on record showing that still further proceedings in the case has not taken place and still charge has not been framed. There are several accused in the case and due to absence of one or the other case is not proceeding further. Order sheet also shows that notices were also issued to his sureties but they have not produced him in the court.
(3.) IT is hardly requires to be stated that once a person released on bail in serious criminal case where the punishment is quite deterrent the accused in order to get away from the clutches of the same indulge in various activities like tampering with the prosecution, witnesses threatening the family members of the victim and also create problem of law and order situation. Release on bail in serious and heinous offence larger interest of the public and State always matters in granting the bail or not.;