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Kapil Gurjar Alias Ajay vs State Of U P

High Court Of Judicature at Allahabad|29 May, 2019
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JUDGMENT / ORDER

Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36221 of 2018 Applicant :- Kapil Gurjar Alias Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mohd. Kalim, learned counsel for the applicant, Sri A.R. Chaurasiya, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and it is a case of no injury. So far as criminal history of nine cases is concerned out of which, one case is u/s. 302 IPC in which, the applicant has been granted bail by this Court and all the other cases are of no injury. The applicant is in jail since 09.12.2017.
Learned counsel for the applicant is permitted to make necessary correction in the date of confinement of the applicant in the memo of appeal which has wrongly been mentioned as 20.02.2017.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Kapil Gurjar Alias Ajay involved in Case Crime No.734 of 2017 under Sections 307, 120-B IPC Police Station Mansoorpur, District Muzaffarnagar be released on bail on his furnishing a personal bond of Rs.1,00,000/- with two sureties each (one should be of his family member) in 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 :- 29.5.2019 Madhurima
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Title

Kapil Gurjar Alias Ajay vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 May, 2019
Judges
  • Ramesh Sinha
Advocates
  • Jagdish Prasad Mishra