Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20710 of 2018 Applicant :- Narendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the case of the applicant is identical to the case of co-accused Mohan Singh who has already been granted bail by this Court on 21.5.2018 in Criminal Misc. Bail Application No.18599 and the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 5.4.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail granting order to co-accused has been supplied by learned counsel for the applicant which is taken on record.
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, we are of the view that the applicant has made out a case for bail.
Let the applicant Narendra Singh, involved in Case Crime No.137 of 2018, u/s 306, 504, 500/34 IPC and 7/13(1) Prevention of Corruption Act, P.S. Talbehat, district Lalitpur be released on bail on furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018/Gaurav