Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19280 of 2019 Applicant :- Manmohan Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava,Jai Singh Parihar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Vakalatnama filed today by Sri Abhay Pratap Singh, learned counsel on behalf of informant is taken on record.
Heard learned counsel for applicant, learned A.G.A.and learned counsel for the informant and perused the record.
This bail application has been preferred by the accused- applicant,Manmohan, who is involved in Case Crime No.98 of 2019, under Section 328 I.P.C., P.S.- Aurangabad, District-Bulandshahar.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case.
He further submitted that the applicant has no previous criminal history but the same contention has not been disclosed in the bail application, he is not likely to abscond. Chargesheet has been submitted on 22.05.2019. The applicant is in jail since 01.04.2019.
Learned Additional Government Advocate appearing on behalf of State- respondent and learned counsel for the informant vehemently opposed the bail application.
Learned counsel for the informant submitted that due to enmity the applicant has mixed poison in the food of the family members of the informant and given the same to children of informant and her animals.
Learned A.G.A. stated that one criminal case for the offence under Section 25 Arms Act is pending.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Manmohan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 26.11.2019 Asha