Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25759 of 2021 Applicant :- Kanhi @ Krishnakant Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
This bail application has been moved on behalf of accused- applicant who is involved in Case Crime No. 1247 of 2017, under Sections 452, 323, 504, 506 & 307 IPC, Police Station- Kotwali Nagar, District Etah.
Learned counsel for the applicant submitted that accused was on regular bail granted by the court of sessions but due to his absence warrant was issued against him on 14.1.2020. He could not attend the court as he went to Delhi for earning livelihood and after that due to lockdown condition, he could not appear, when it came to the notice that warrant has been issued against him.
Learned AGA has opposed the prayer for bail and submitted that accused has absconded and misused the liberty of bail.
It is clear from the perusal of Annexure No. 2 of bail application that accused was granted bail by the Sessions Court on 16.11.2017. From Annexure No. 4, it is also evident that non bailable warrant has been issued against the applicant on 14.1.2020 and accused was produced before the trial court on 26.2.2021 and since then accused is in jail.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, without expressing any opinion on the merit of the case, let the applicant - Kanhi @ Krishnakant involved in Case Crime No. 1247 of 2017, under Sections 452, 323, 504, 506 & 307 IPC, Police Station- Kotwali Nagar, District Etah, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 Arif