Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52571 of 2019 Applicant :- Pramod Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 57 of 2019, under Sections 498A,304B,201,302,316,120-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Amritpur, District Farrukhabad with the prayer to enlarge him on bail.
Learned counsel for the applicant has pressed the present bail application on the ground of parity and referred to the orders passed on Criminal Misc. Bail Application Nos. 46857 and 44765 of 2019. It is submitted that the main allegations were levelled against co-accused Atul Kumar who has already been enlarged on bail. The other co-accused Priti who has been assigned a similar role has also been enlarged on bail. This position is not disputed by the learned AGA.
Accordingly and for the reasons assigned in the aforementioned orders, without commenting upon merits of the case, let the applicant Pramod Kumar 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 as directed by the Court. 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 :- 28.11.2019 LA/-