Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52689 of 2019 Applicant :- Gangesh Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.277 of 2019, under Sections 147, 148, 149, 302, 506, 34 I.P.C., Police Station- Madnapur, District- Shahjahanpur with the prayer to enlarge him on bail.
The prayer for bail is addressed on the ground of parity and the attention of the Court is invited to the order passed in respect of the co-accused in Criminal Misc. Bail Application No.52257 of 2019. The fact that the role assigned to the applicant is identical to that of co-accused who has already been enlarged on bail, is not disputed by the learned A.G.A. The applicant is otherwise stated to have no criminal history. It has next been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Accordingly and for the reasons assigned by the Court in Criminal Misc. Bail Application No.52257 of 2019, the applicant is also entitled to be enlarged on bail.
Let the applicant Gangesh be released on bail in the aforesaid case crime 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 :- 28.11.2019 Vivek Kr.