Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4198 of 2019 Applicant :- Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that F.I.R. has been lodged against 12 persons and no specific role has been assigned to the application. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 14.10.2018 Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant-Bittu involved in Case Crime No.236 of 2018, under Section 147,149,323,307,452 I.P.C. Police Station-Transport Nagar, District-Meerut be enlarged on bail on his executing a personal bond and furnishing two sureties ( Rs. one lakh each) ( One should be of a family member) subject to 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.
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