Heard learned counsel for the applicant and learned AGA.
By means of order dated 14.11.2018, the bail application bearing No.6371 of 2018 has been rejected. However, vide order dated 22.7.2019 the Court concerned has released the second bail application directing that the same shall not be treated to be tied up/ part heard to that Bench, therefore, this bail application has been put up before this Court being a regular Court.
Submission of learned counsel for the applicant is that the applicant is in jail since 29.1.2018 in Case Crime No.371 of 2017 under Sections 147, 148, 149 & 302 IPC, Police Station P.G.I., District Lucknow. Learned counsel for the applicant has submitted that co-accused Shravan Yadav alias Shravan, who has been assigned the similar role, has been enlarged on bail by this Court vide order dated 28.8.2019 passed in Bail No.7345 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 - Pintu alias Mukesh Yadav 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.
Order Date :- 27.9.2019 RBS/-
[Rajesh Singh Chauhan,J.]