Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27863 of 2019 Applicant :- Pintu @ Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Counter affidavit on behalf of State filed today, which is taken on record.
Heard Sri Sanjay Kumar, learned counsel for applicant, Sri D.P.S. Chauhan, the learned A.G.A. and perused the records.
Applicant -Pintu @ Arvind seeks bail in Case Crime No107 of 2011 under section 302, 201, 120B of the I.P.C. PS. Jalalabad, District Shahjahanpur.
It is submitted by learned counsel for the applicant that earlier the FIR was lodged against unknown persons but for ulterior motives applicant alongwith others have been falsely implicated coupled with the fact applicant was in judicial custody on the date of occurrence, co-accused Laddan and Ramdev have already been enlarged on bail by the court below vide order dated 16.7.2011 and 27.5.2011 as has been explained in para 16 and 17 of the affidavit filed in support of the bail application, applicant claims to have no previous criminal history, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA has opposed the prayer for bail.
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- Pintu @ Arvind involved in aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following 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 casre 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 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.
Order Date :- 26.11.2019 Rk