Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15292 of 2019 Applicant :- Ramji Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Saxena,Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rahul Saxena, learned counsel for the applicant, Sri A.R. Chaurasiya, learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected by this Court on 23.02.2018 on the ground that the applicant was shown to have criminal history of 25 cases to which learned counsel for the applicant states that the aforesaid fact was incorrect and the applicant has no criminal history.
Learned A.G.A. has filed an affidavit of compliance today by which S.S.P. Allahabad has informed that there appears to be only one case pending against the applicant to which learned counsel for the applicant states that the said case is registered under Gangster Act after the applicant was detained in the present case and there is no other criminal case pending against the applicant. The said fact is mentioned in para 3 of the compliance affidavit. It is further stated by learned counsel for the applicant that all other co-accused persons have already been granted bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ramji Tiwari involved in S.T. No. 35 of 2018 arising out of Case Crime No.252 of 2017 under Sections 147, 148, 302 IPC, Police Station Soraon, District Allahabad be released on bail on his furnishing a personal bond of Rs.1,00,000/- with two sureties each (one should be of his family member) in the like amount to the satisfaction of the court concerned with the 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 :- 30.5.2019 Madhurima