Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24903 of 2019 Applicant :- Ankul Gihar And Another Opposite Party :- State Of Up Counsel for Applicant :- Anjani Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 264 of 2019, under Sections 398, 401, 392, 411, 379 IPC, P.S.
Kannauj, District Kannauj.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the instant case. It is also contended by learned counsel for the applicants that co- accused Akash Gihar has been granted bail by this Court vide order dated 15.5.2019 passed in Criminal Misc. Bail Application No. 20447 of 2019. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants are languishing in jail since 18.4.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants by contending that there is no reason to falsely implicate the applicants, therefore, they do not deserve any benevolence. In case, the applicants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicants are entitled for bail.
Let the applicants- Ankul Gihar and Renchu Gihar involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 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 them in accordance with law.
Order Date :- 21.6.2019 SR