Heard learned counsel for the applicant and learned A.G.A. for the State.
This bail application has been preferred by the accused-applicant, Jitendra Kumar @ Bauwa, who is involved in S.T. No.405 of 2018 arising out of Case Crime No.170 of 2018 under Sections 147/ 148/ 149/ 302/ 506/ 120B of the Indian Penal Code, Police Station Achalganj, District Unnao.
It has been contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. as accused. Co-accused namely Amit Trivedi, who is the main accused, has been granted bail by this Court vide order dated 6.3.2019 in Case :- BAIL No. - 1375 of 2019. Learned counsel has also contended that co-accused namely Pushpendra @ Chhotu Pandey has been granted bail by this Court vide order dated 29.1.2019 in Case :- BAIL No. - 9626 of 2019 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 1.10.2018. He has no previous criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail. Accordingly, this application for bail is allowed.
Let applicant, Jitendra Kumar @ Bauwa, 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 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.
Order Date :- 18.12.2019 GK Sinha