Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28625 of 2018 Applicant :- Lallan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh Dwivedi, learned counsel for the applicants and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the due to some unavoidable circumstances, the applicants could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicants on 25.04.2008 and in pursuance of the same, they were surrendered on 25.05.2018 and the trial is in progress. The applicants undertakes to appear before the trial court on each and every date fixed by the trial court. The applicants have no other reported criminal antecedent. The applicants are in jail since 25.05.2018 Learned A.G.A. opposed the prayer for bail.
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 and the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Lallan and Subhash involved in S.T. No. 26 of 2008 arising out of Case Crime No. 139 of 2000, under Sections 307, 325 I.P.C., Police Station Gajner, District Kanpur Dehat be released on bail on their furnishing a personal bond (Rs. 50,000/- each) with two sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants 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 applicants 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 them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants 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 applicants are 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 them in accordance with law.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 31.7.2018 Arti