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Mahendra Kushwaha vs State Of U P

High Court Of Judicature at Allahabad|27 November, 2018
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JUDGMENT / ORDER

Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45043 of 2018 Applicant :- Mahendra Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri V.K.Gupta,learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..
It has been contended by the learned counsel for the applicant that due to some unavoidable circumstances, the applicant 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 applicant and in pursuance of the same, he surrendered before the Court concerned.. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant is in jail since 10.9.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.Without expressing any opinion on the merits of the case let the applicant Mahendra Kushwaha involved in GST No. 8 of 2015 in GST No.8 of 2015 arising out of Case Crime No. 363 of 2014, under Section 3(i) Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kulpahad, District Mahoba be released on bail on his furnishing a personal bond with two sureties 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.11.2018 IA
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Title

Mahendra Kushwaha vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 November, 2018
Judges
  • Vivek Kumar Singh
Advocates
  • Virendra Kumar Gupta