Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6506 of 2019 Applicant :- Dharam Pal @ Pujari Opposite Party :- State Of U.P.
Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dharam Pal @ Pujari seeking bail in Case Crime No84 of 2018, under Sections 174A IPC, Police Station Ughaiti, District Budaun.
Learned counsel for the applicant has submitted that the present case has been registered against the applicant on the ground that the applicant did not appear before the court concerned in respect of a case registered under the Gangster Act despite issuance of Non-bailable warrant and then proceedings under section 82 Cr.P.C. was also initiated against the applicant but the applicant did not appear before the court concerned, as such, F.I.R.under section 174-A Cr.P.C. was registered vide case crime no. 84 of 2018 against the applicant. Pursuant to which, the applicant surrendered before the court concerned on 5.4.2018.
Learned counsel for the applicant has next submitted that the applicant has already been released on bail vide order dated 20.2.2019 in Criminal Misc. Bail Application No. 6613 of 2019 under the Gangster Act.
Learned counsel for the applicant has next submitted that the applicant is in jail since 5.4.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is in Jail since 5.4.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Dharam Pal @ Pujari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (one surety should be of a family member of the applicant) of the like amount to the satisfaction of the court concerned 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2019 aks