Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12821 of 2019 Applicant :- Arshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that applicant has already been granted bail in Case Crime No. 28 of 2019 under sections 398 and 401 IPC, PS. Mandi, District Saharanpur and so far as the present case is concerned, a licensee revolver is said to have been recovered from the applicant which is a false recovery as there is no independent witness of the said recovery. Besides the present case, there appears to be one more criminal case pending against the applicant being Case Crime No. 629 of 2018 under sections 392 and 411 IPC, PS. Kutubsher, District Saharanpur in which he has been granted bail by the competent court on 13.02.2019 (copy of the aforesaid order have been annexed at page 39 onwards). The applicant is in jail since 06.01.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Arshad involved in Case Crime No. 406 of 2018 under Sections 380, 457, 411 IPC, Police Station Kutubsher, District Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount 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 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 :- 29.5.2019 Madhurima