Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27327 of 2018
Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.,Ronak Chaturvedi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel for the informant, the learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 63 of 2018, under Sections 147, 148, 323, 308, 504, 354 and 304 IPC, P.S.
Kiratpur, District Bijnor.
It is urged that co-accused, Jasbeer, has already been enlarged on bail by coordinate Bench of this Court vide order dated 26.6.2018 passed in Criminal Misc. Bail Application No. 23386 of 2018; copy of the order has been placed on record; role of causing assault is assigned to co- accused Mohit by the informant and injured; role assigned to the other co-accused is of participation in the commission of offence; applicant is languishing in jail since 11.06.2018, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA also does not dispute the fact.
Considering the facts and circumstances of the case, to my view, it is a fit case for bail.
Let the applicant-Gaurav be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 26.7.2018 Mukesh Kr.