Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended by learned counsel for the applicant that the applicant has been enlarged on bail. It is next contended that on 14.11.2014, when the case was called out he could not appear as he was busy in the treatment of his father and his counsel has not moved exemption application and that is why non-bailable warrant was issued against the applicant. It is also contended that after coming to know about the process issued against him he surrendered before the court below on 20.6.2017.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant has criminal history.
Considering the fact that applicant was enlarged on bail earlier by the trial court and also that he was absconding from 2014 till 20.6.2017, this Court is of the view that applicant is entitled to be released on bail only after furnishing two heavy sureties to the satisfaction of the Magistrate concerned.
Let the applicant Ramesh Sonkar @ Pappu involved in Case Crime No.693 of 2011, under Sections 307/34 IPC., Police Station-Gosainganj, District- Sultanpur be released on bail on his furnishing a personal bond and two heavy 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 will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
The Trial Court is at liberty to impose any other condition while enlarging the applicant on bail.
Order Date :- 31.7.2019 P.s.