1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.56 of 2019, under Sections 419, 420, 406 IPC, Police Station Kotwali Nagar, District Gonda.
3. It is alleged that the accused-applicant first sold his land in question to the complainant and thereafter he sold the same land to two other persons, Saleem and Sariv Hussain.
4. Learned counsel for the accused-applicant submits that sale-deed got executed in some confusion as the accused-applicant thought that he is entitled to sell the land of his mother as well after the death of his father. He further submits that he has filed a case for cancellation of second sale-deed vide Case No.626 of 2019 before the Civil Judge (Junior Division), Gonda. The accused-applicant has been in jail for almost a year.
5. Mr. A.K. Singh, learned A.G.A. submits that the charge-sheet has been filed.
6. Considering the fact that the accused-applicant has no criminal history and he has been in jail since 30.01.2020, I find it to be a fit case for granting bail.
7. Let applicant Anand Kumar Kori be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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.
Order Date :- 12.1.2021 prateek