Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9680 of 2017 Applicant :- Doodh Nath Bind @ Lalla Bind Opposite Party :- State Of U.P. Counsel for Applicant :- Achal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Achal Singh, learned counsel for the applicant, Sri R.K.Maurya, learned Brief Holder appearing for the State and perused the record.
The first bail application moved on behalf of the applicant was rejected by this Court vide order dated 29.4.2014. This is the second bail application moved on behalf of the applicant.
The new ground which has been argued by learned counsel for the applicant is that the applicant is languishing in jail for the last five years, i.e., since 9.4.2013. He further submits that the charges were framed against the applicant on 10.9.2014, as is evident from the order sheet, and thereafter none of the prosecution witnesses have appeared before the trial Court to give their evidence.
Learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Doodh Nath Bind @ Lalla Bind involved in Case Crime No.92 of 2013, under Sections 498A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Chopan, District Sonebhadra be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with 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. However, the trial court is directed to ensure the presence of prosecution witness, expedite the trial of the aforesaid case and conclude the same within preferably a period of eight months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 23.2.2018 NS