Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40882 of 2019 Applicant :- Deepak Garg Opposite Party :- State Of U.P.
Counsel for Applicant :- Prateek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.1681 of 2019, under Sections 420, 467, 468, 471 and 120-B I.P.C., Police Station- Kavi Nagar, District Ghaziabad.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the matter with ulterior motive. The applicant was not named in the FIR. During course of investigation, on the confessional statement of co-accused Sanjay Garg, the complicity of the applicant has been shown. Thereafter, the applicant was arrested by the police on 17.08.2019. It is further submitted that the recovery that has been shown from the applicant is false and fabricated one. The applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 17.9.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Deepak Garg, involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 :- 30.9.2019 Ajeet