Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25535 of 2018 Applicant :- Hari Vilash Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar Dixit,Anupam Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Anupam Tripathi, learned counsel appearing on behalf of the applicant, Sri Deepak Mishra, learned A.G.A. for the State.
Learned counsel for the applicant submitted that applicant was posted as Lekhpal at the relevant point of time. It is alleged that trap which has been laid, was not in accordance with law and he has also been suspended from service. The applicant is in jail since 06.04.2018, hence, the applicant undertakes to cooperate with the trial.
Learned A.G.A. opposed the prayer of bail but could not controvert the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the applicant Hari Vilash Singh involved in Case Crime No.
178 of 2018, under Section 7/13(1)(d)/ Section 13(2) of Prevention of Corruption Act, P.S. Jalalabad District Shahjahanpur be released on bail on his furnishing personal bond of Rs. one lakh with two sureties of (out of which one should a family member) 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 misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 applicants are 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.
(v) It is made clear that if the aforesaid applicant is having passport, he shall surrender the same before the trial court concerned before his release and further he will not leave the country without the permission of this Court.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 23.8.2018 A. Mandhani