Heard learned counsel for the applicant and learned AGA.
Submission of learned counsel for the applicant is that co-accused Moh. Shakil, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 30.8.2016 in Bail No.7597 of 2016. He also submits that similar role has been assigned to the applicant and case of the applicant is in parity with the co-accused. He further submits that there is no eye witness of the occurrence and as per police case the motorcycle has been recovered outside the residence of the present applicant. The applicant is presently aged about 70 years and is in jail since 31.1.2016, therefore, the applicant is also entitled for bail.
Learned AGA has not disputed the aforesaid submission of learned counsel for the applicant.
Considering the fact that co-accused has been enlarged on bail, let applicant - Mohammad Sabir @ Mama involved in Case Crime No. 28/2016, u/s 302, 201, 394, 411, 120B I.P.C., P.S. Kotwali Bikapur, District Faizabad 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:-
(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 :- 26.9.2019 Om [Rajesh Singh Chauhan, J.]