Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31518 of 2019 Applicant :- Gudiya Jaiswal Opposite Party :- State of U.P.
Counsel for Applicant :- Punit Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No.123 of 2018 under sections 420, 506, 467, 468, 471 Indian Penal Code, Police Station Zigna, District Mirzapur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case; he has not committed any offence and the prosecution story is false and fake. It has also been submitted that the applicant has not been named in the first information report. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. It has also been submitted the co-accused namely Smt. Reena Patel has been granted bail by this Hon'ble Court vide its order dated 29.05.2019 passed in Bail Application No.13789 of 2019. The applicant is in jail since 21.01.2019. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Gudiya Jaiswal be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure her 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 her, 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 her bail and proceed against her in accordance with law.
Order Date :- 26.11.2019 VNP/-