1. Heard learned counsel for the applicant, Sri Yugal Kishore, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed under Section 439 Cr.P.C. by the applicant in Crime/ FIR No.0317 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Dhaurahra, District Lakhimpur Kheri.
3. Learned counsel for the applicant submits that the co-accused, having similar role, have been granted bail by this Court in Bail No.1489 of 2020 and Bail No.2008 of 2020 vide orders dated 13.02.2020 and 27.02.2020, respectively. He, therefore, submits that the accused-applicant is also entitled for bail on the ground of parity.
4. Learned AGA does not dispute the aforesaid fact.
5. Considering the facts and circumstances of the case and the fact that the co-accused has been enlarged on bail from this Court, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicantRam Niwas Kanodiya be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 :- 4.2.2021 Abhishek Singh