Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50544 of 2019 Applicant :- Bhagwan Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Vikas Sahai, the learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicants in case crime No.689 of 2009, under Sections 147, 148, 149, 302, 307 I.P.C., Police Station Jarifnagar, District- Badaun with the prayer to enlarge them on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the applicants had been enlarged on bail by the orders passed on 16 December 2010, 17 September 2010 and 11 January 2011. Those orders have been appended alognwith the supplementary affidavit tendered today. In the trial which ensued although the applicants participated till 29 July 2019, they remained absent and rejoined the proceedings only on 15 October 2019. The explanation which was proffered was that the mother of the applicants fell seriously ill and subsequently died and in this backdrop that they could not attend the trial proceedings. The Court however took the view that the applicants remained absent for a very long period of time and consequently were not entitled to be enlarged on bail.
Before this Court, Sri Misra, learned counsel on instructions states that the applicants undertake not to seek any adjournment on the dates that are now to be fixed and that they shall present themselves on all dates which will be fixed by the trial Court.
Learned AGA has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
The Court takes into consideration the fact that the trial itself has been pending since 2010 and that all the three applicants had been accorded the liberty of bail from 2010 to 2011 and accordingly and the subject to the recordal of the undertaking as aforenoted, the applicants are entitled to be enlarged on bail.
Let the applicants Bhagwan, Rampal and Kalyan be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicants shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) 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 in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 28.11.2019 Vivek Kr.