Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1230 of 2017 Applicant :- Prabhat Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; Sri V.K. Sharma, the learned A.G.A. for the State; and perused the record.
This is a second bail application of the applicant in case crime No.1300 of 2014, under Sections 420, 409, 467, 468, 471, 120-
B IPC, Police Station Kotwali, District Lalitpur with the prayer to enlarge him on bail.
The second bail application has been filed on the ground that the applicant has no previous criminal history; that he has suffered incarceration since 24.09.2014; that the case is triable by a court of magistrate; that till date the trial has not been concluded even though recording of the evidence has started much before 60 days; and that in case the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for grant of bail to the applicant. However, he has not been able to demonstrate that if the applicant is released on bail, he would misuse the liberty.
Considering the fact that the matter is triable by a court of magistrate and the applicant had already suffered incarceration of over three and half years and the trial is yet to conclude, even though recording of statements of witnesses had started more than 60 days back, this Court considers it appropriate to grant bail to the applicant.
Let applicant Prabhat Upadhyay 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 subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 :- 27.4.2018 AKShukla/-