Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29222 of 2021 Applicant :- Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Mohan Pandey,Om Prakash Katiyar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
This is third bail application.
Heard learned counsel for the applicant and Sri Rajeshwar Singh, learned AGA for the State.
Learned counsel for the applicant submitted that this Court vide order dated 17.06.2020, rejected the first bail application No. 12187 of 2020 with observation that trial be concluded within one year from the date of production of certified copy of this order which he has served before the trial Court on 24.08.2020. It is next submitted that he has filed second application No. 40037 of 2020 prior to completion of one year, therefore, it has been dismissed as withdrawn by this Court vide order dated 28.10.2021. It is further submitted that trial has yet not been started which may be verified from the order sheet annexed alongwith present bail application, therefore, the applicant may be enlarged on bail. The applicant is in jail since 23.08.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. could not dispute the aforesaid facts.
Considering the material on record and the fact that trial has yet not started as well as in the light of dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Mukesh, involved in Case Crime No. 397 of 2019, under Sections- 302, 120-B, 201 I.P.C., Police Station- Majhola, District -Moradabad, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.10.2021 Sartaj