Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35078 of 2018 Applicant :- Mohan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Bhaskar Srivastava,Kartikeya Saran Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 90 of 2017, under sections 302, 452, 504, 506 I.P.C., Police Station- Baberu, District- Banda.
It is urged by learned counsel for the applicant that FIR was lodged belatedly; applicant has been falsely implicated in the present case on account of village party-bandi; no incriminating material has been recovered on the pointing out of the applicant; co-accused Prem Chandra and Balram Yadav have been enlarged on bail by this Court in Criminal Misc. Bail Applications No. 28886 of 2017 and 37613 of 2017 vide orders dated 23.08.2018 & 10.09.2018; xerox copy of the orders has been placed on record; applicant claims parity; he is languishing in jail since 26.03.2017 having no criminal antecedent; there is no likelihood of early conclusion of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.
Learned Additional Government Advocate opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Mohan Yadav be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 18.9.2018 Mukesh Kr.