Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25773 of 2018 Applicant :- Alok Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Saxena,Rajesh Kumar Gautam,Vijit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajesh Kumar Gautam, learned counsel appearing on behalf of the applicant, Sri A.R. Chaurasia, learned A.G.A. for the State.
Learned counsel for the applicant submitted that applicant was a police constable in Railway Protection Force. Applicant was caught red-handed by the trap party for taking Rs. 40,000/- and the trap which has been laid against him, does not inspire confidence. Learned counsel for the applicant stated that the applicant has already lost his service. He further submitted that the trap which was laid, was not in accordance with law; applicant is languishing in jail since 19.04.2018, hence, the applicant undertakes to cooperate with the trial.
Learned A.G.A. for the State opposed the prayer of bail but could not controvert the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the applicant, we are of the opinion that the applicant is entitled to be released on bail.
Let the applicant Alok Gautam involved in Case Crime No.
167 of 2018 under Section 7 & 13(1)(d) and 13(2) of Prevention of Corruption Act, P.S. Tundala, District Firozabad be released on bail on his furnishing personal bond of Rs. one lakh with two sureties (out of which one should a family member) 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.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 applicants are 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.
(v) It is made clear that if the aforesaid applicant is having passport, he shall surrender the same before the trial court concerned before his release and further he will not leave the country without the permission of this Court.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 24.9.2018 A. Mandhani