Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9245 of 2017 Applicant :- Nand Kishor @ Kishor Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pratyush Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Nand Kishor alias Kishor, who is involved in Case Crime No. 38 of 2016, under Sections 147, 148, 149, 323, 506, 387, 504, I.P.C. and 12/14 Dacoity Affected Area Act, P.S.- Manikpur, District- Chitrakoot.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent. He has been falsely implicated. He is not named in the first information report. None of the injured has taken his name. Only the first informant has named him, but he is not an eye witness. Before the date of his arrest applicant has no previous criminal history. He has permanent residence. He is not likely to abscond.
On behalf of State bail has been opposed and it has been submitted that eight labours were brutally beaten by the applicant and his gangs.
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, Nand Kishor alias Kishor, 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 :- 19.4.2017 T. Sinha