Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40906 of 2019 Applicant :- Laxmi Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.201 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali City, District Mirzapur.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the matter with ulterior motive. It is further submitted that similarly placed co-accused, namely, Ramesh @ Bechan, Dadhichi Upadhyay and Krishna Kumar having similar role have already been granted bail by another Bench of this Court vide orders dated 29.5.2019, 2.7.2019 and 4.7.2019, respectively passed in Criminal Misc. Bail Application Nos.15069 of 2019, 26225 of 2019 and 22888 of 2019, copies whereof have been annexed as Annexure No.3 to the bail application. It is further submitted that since the co- accused have already been granted bail, the accused-applicant is also entitled for bail on the ground of parity. The applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 3.4.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and also seeing the fact that similarly placed co-accused have already been granted bail, prima facie, a case for bail is made out. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Laxmi Narayan, involved in the above mentioned case be released on bail on his furnishing a personal bond and two 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 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 Ajeet