Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30116 of 2019 Applicant :- Rajendra Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Mishra, learned counsel for the applicant, G.P. Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is in jail since 16.12.2017 in case crime no.0521 of 2016 u/s 376, 506, 392 IPC, P.S. Kotwali, district Maharajganj. The co-accused of the present case have already been granted bail by this Court in Criminal Misc. Bail Application No.13615 of 2018, 19309 of 2018 and 20900 of 2018 on 13.4.2018, 23.5.2018 and 3.8.2018 respectively, copy of the said orders are annexed on page 77 to 82 of the present bail application, hence applicant is also entitled for bail on the ground of parity.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
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 Rajendra Pandey, involved in Special Case No.02 of 2012, u/s 8, 9 and 13 of Prevention of Corruption Act and Section 504, 506 IPC, P.S. Ghughali, district Mahrajganj be released on bail on furnishing a personal bond and two 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 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 :- 30.7.2019 Gaurav