Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52510 of 2019 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard Sri Santosh Tripathi and Ms. Mandvi Tripathi, learned counsels for the applicant, Sri Rajesh Kumar Mishra, the learned Brief Holder for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 20 of 2019, under Sections 147, 148, 149, 364, 302, 323, 504, 506 & 120B I.P.C., Police Station Dadri, District- Gautam Budh Nagar with the prayer to enlarge him on bail.
The prayer for bail in the instant application is pressed on the ground of parity and the Court in this respect is referred to the orders passed on Criminal Misc. Bail Application No. 51752 of 2019 (Bhupendra Kapasiya Vs. State of U.P.), Criminal Misc. Bail Application No. 24358 of 2019 (Bhagat Pradhan @ Bhupendra Vs. State of U.P.) and Criminal Misc. Bail Application No. 32570 of 2019 (Anit @ Tota Vs. State of U.P.). The fact that the role assigned to the applicant here was identical to that of the coaccused whose cases are dealt with in the aforementioned Bail Applications, is not disputed by the learned A.G.A.
Accordingly and for the reasons assigned in the order passed on the aforementioned Bail Application, let the applicant Rahul, 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/Arun K. Singh (Yashwant Varma, J.)