Heard Sri Mohd. Kamal Khan, learned counsel for the applicant, 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.291of 2016, under Sections 419, 420, 467, 471, 504, 506, 34 I.P.C. and 138 N.I. Act, police station Tandiyawan, District- Hardoi.
The submission of the learned counsel for the applicant is that named accused persons, namely, Rajaram Mishra and Vimlesh Kumar Trivedi have already been granted bail by the co-ordinate Bench of this Court on 26.3.2019 and 16.7.2019 vide Criminal Appeal Defective Nos.1920 of 2017 and 802 of 2019 respectively. The applicant is not named in the F.I.R. The only allegation against the applicant is that the money for procuring job was given by the complainant to the named accused in the presence of the present applicant.
In this case, the applicant was not involved in providing government job to the complainant, therefore, the applicant is entitled to be released on bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Kamlesh Dhanuk @ Pujari) 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 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 :- 28.8.2019 sks