Heard learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.
This bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1008 of 2010 under Section 452, 376 IPC, PS Kotwali Bhinga, district Srawasti.
Learned counsel for the applicant has submitted that bail was granted to the applicant on 15.11.2010. He has absconded, therefore, he is in Jail since 13.1.2023. Learned counsel for the applicant has submitted that the applicant was doing job in Gujrat State for his livelihood as a labourer, therefore, he could not attend the case. He has submitted that now, the applicant will attend the proceedings of the Court in the case and will not seek adjournment.
On the other hand, Sri Rajesh Kumar Singh learned AGA-I has opposed the bail and submitted that the bail prayer of the applicant be rejected as he is absconder.
Considering the over all facts and circumstances of the case, the fact that the applicant was already granted bail and now, he has given undertaking that he will not seek adjournment and will cooperate in trial, therefore, it is a fit case for bail.
Let the applicant Mishri Lal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 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.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
It is also directed that the applicant will cooperate in the trial and will not seek adjournment in the case. In case of fails to attend the proceeding of the Trial in the case, the bail of the applicant will be cancelled.
Order Date :- 13.4.2023 Rajneesh JR-PS)