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Krishna Kumar vs State Of U P

High Court Of Judicature at Allahabad|27 March, 2018
|

JUDGMENT / ORDER

Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11072 of 2018 Applicant :- Krishna Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant, learned AGA and perused the record.
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been fairly conceded by the learned counsel for the applicant that it is a case of bail jumping. It is further contended that due to some confusion between the counsel and the applicant, he could not appear before the court concerned on the date fixed i.e., 05.02.2018 and the court concerned issued non bailable warrants against him and the applicant moved an application regarding his illness on 16.02.2018 but the court did not paid heed to it, therefore the applicant surrendered before the court on 23.02.2018 and he is suffering incarceration in jail since 23.02.2018, having no criminal antecedents to his credit.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Krishna Kumar, involved in Case Crime No. 02 of 2014, under sections 302, 201, 120-B and 364 IPC, P.S. Vishnugarh, District Kannauj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANT WILL APPEAR ON EVERY SECOND SATURDAY AND LAST SATURDAY OF EVERY MONTH BEFORE THE VISHNUGARH POLICE STATION AND PROCURE HIS ATTENDANCE FROM 10.00 A.M. TO 4.00 P.M., THE SHO, VISHNUGARH WILL FILE ITS REPORT BEFORE THE COURT CONCERNED.
(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.
(iii) 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 IPC.
(iv) 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., MAY BE ISSUED AND IF 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 IPC.
(v) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(vi) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court.
However, the trial court is directed to gear up the trial of the aforesaid case and conclude the same by 31.12.2018 in accordance with law, without granting any unnecessary adjournment to either of the parties, provides the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 27.3.2018 shailesh
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Title

Krishna Kumar vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 March, 2018
Judges
  • Rahul Chaturvedi
Advocates
  • Arvind Kumar