Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30845 of 2016 Applicant :- Laxman Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Archana Hans,Manish Tiwary,Parmeshwar Kr. Chaudhary,Rakesh Pande,Suman Jaiswal Counsel for Opposite Party :-
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed today, the same is taken on record.
Heard Manish Tiwary, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the toilets in question, which were stated to have been constructed by the applicant, were found to be short in number and the petitioner's job was to distribute the articles for the said purpose. The other co-accused person has been granted bail by this Court. It is further contended that it was found from the record of the concerned Ministry that the toilets in question, which were constructed were found to be correct in number. The applicant is in jail since 20.12.2016 and till date no charges have been framed, hence, the applicant undertakes to cooperate with the trial.
Learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail but have not controverted the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the applicant Laxman Prasad involved in Case Crime No. 158 of 2016, under Sections 409, 467, 468, 471 IPC and 13(c) of Prevention of Corruption Act, P.S. Kachhawan, District Mirzapur be released on bail on his furnishing personal bond of Rs. one lakh with two sureties of (out of which one should a family member) 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 misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 him in accordance with law.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of eight months from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 A.P. Pandey