Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39630 of 2019 Applicant :- Kishan Pal @ Dablu Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Ganesh Shanker Srivastava, learned counsel for the applicant and Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the prosecutrix is a married lady and was a tenant in the house of the applicant. It is further submitted that she has developed relationship with the applicant and when her husband came to know out the same, the prosecutrix left the house of the applicant. Subsequently, she again came in contact with the applicant and went to Varanasi and lived with him for about four months. It appears that when her relationship became uncordial, she deposed against the applicant under Section 164 Cr.P.C.. The applicant has no other reported criminal antecedent. The applicant is in jail since 28.2.2019.
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.
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 Kishan Pal @ Dablu Pal involved in Case Crime No.55 of 2019 under Sections 376, 420, 406, 506 IPC, Police Station Cantt, District Varanasi be released on bail on his furnishing a personal bond with two sureties each 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 :- 30.9.2019 Deepika