Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51912 of 2019 Applicant :- Daud Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Rajesh Kumar Mishra, the learned Brief Holder for the State and perused the record.
The present bail application has been filed by the applicant in Complaint Case No.2658 of 2015, under Sections 302, 307, 459 I.P.C., Police Station Kiratpur, District- Bijnor with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the attention of the Court is invited to the order passed in Criminal Misc. Bail Application No.51221 of 2019, on the basis of which it is contended that the applicant who stands on identical footing, is also entitled to be enlarged on bail. The prayer so made on the ground of parity is not disputed by the learned Brief Holder.
Accordingly and for the reasons assigned by the Court in that bail order, the applicant is also entitled to be enlarged on bail.
Let the applicant Daud be released on bail in the aforesaid complaint case number on his furnishing a personal bond 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 applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 26.11.2019 Vivek Kr.