Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38976 of 2019 Applicant :- Bhanu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Buddha Prakash Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Buddha Prakash, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by learned counsel for the applicant that the liquors which have been recovered from the vehicle in question was of the co- accused-Laxman Yadav, who fled from the place of occurrence and the applicant was arrested along with the consignment in question. He further submitted that the applicant has been falsely implicated in the present case and the actual culprit was Laxman Yadav. He has criminal history of one case, which has been lodged by his collateral in the year 2009. The applicant is in jail since 17.07.2019.
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 tampering 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-Bhanu Yadav involved in Case Crime No.131 of 2019, under Sections 60(ka), 63 of Excise Act and Sections 419, 420, 467, 468, 471 I.P.C., Police Station Reoti, District Ballia 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
Order Date :- 25.9.2019 Nitin Verma