Heard learned counsel for the applicant and learned AGA.
Submission of learned counsel for the applicant is that the applicant is in jail since 27.2.2019 in Case Crime No.90/2019, under Sections 419, 420, 406, 411 IPC and Section 66 I.T. Act, Police Station ? Vibhuti Khand, District ?Lucknow. He has further submitted that co-accused Mohammad Naushad, Ashish Jaiswal, Rizwan Ulla Rain and Gyasuddin, who have been assigned the similar role, have been enlarged on bail by this Court vide orders dated 3.7.2019 passed in Bail Nos.5877 of 2019, 4097 of 2019, 3736 of 2019 & 3480 of 2019. He also submits that since similar role has been assigned to the applicant and case of the applicant is in parity with the co-accused, therefore, the applicant is also entitled for bail.
Learned AGA has not disputed the aforesaid submission of learned counsel for the applicant.
Considering the aforesaid facts, let applicant - Oscar be released on bail in the aforesaid case crime number 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.
(v) Besides the above conditions, keeping in view that the present applicant is a Nigerian National, therefore, learned court below while accepting the sureties and personal bond may fix any additional condition for ensuring the presence of the applicant before the learned trial court.
Order Date :- 27.9.2019 RBS/-
[Rajesh Singh Chauhan,J.]