Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23963 of 2019 Applicant :- Dharmendra Kumar Singh Opposite Party :- State Of Up Counsel for Applicant :- Anand Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant, Shri G.P. Singh, learned A.G.A. for the State and perused the entire record.
This is the second Bail Application. The first Bail Application No. 9190 of 2019 filed by the applicant has been dismissed for non-prosecution by this Court on 24.04.2019.
The present bail application has been filed by the applicant in Case Crime No. 150 of 2018, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Bara, District Prayagraj (Allahabad) with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that as per the First Information Report the role of the accused applicant is not disclosed therein. However, it is made clear from the sale deed that the applicant is a witness of the sale deed, which is alleged to have been executed by Smt. Chandra Kali. Smt. Chandra Kali is the main accused, who had bought the land of the applicant's uncle and got the sale deed executed in her favour in a forged manner, the witness to the said transaction were the accused applicant as well as co- accused Gyan Singh. It is further argued by the learned counsel for the applicant-accused that the applicant has been falsely implicated in the present case. He is languishing in Jail since 18.12.2018. Iin case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has not controverted the aforesaid facts, but has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Dharmendra Kumar Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 26.8.2019 LBY