Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39022 of 2019 Applicant :- Ramvilas And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri P. K.Singh, learned counsel for the applicants. Sri Gaurav Pratap Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the present proceedings has been initiated against the applicants on the basis of the complaint case and the applicant Nos.1, 2 and 3 are real brothers whereas the applicant No.4 is son of the applicant No.1. He further submitted that earlier an FIR was lodged by daughter of applicant No.1 against the husband of the complainant of the case. On account of such fact the present proceedings have been initiated against the applicants for their harassment. No incriminating article has been recovered from their possession. The applicants have no criminal history and they are in jail since 27.08.2019.
Learned A.G.A. opposed the prayer for 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 tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants, namely, Ramvilas, Amritlal, Pappu @ Chandrapal and Lalu @ Adesh Kumar involved in Case Crime No.194 of 2012, S.S.T. No.111 of 2018, under Sections 354-B, 323, 394, 504, 506 I.P.C. Police Station Rasoolabad, District Kanpur Dehat be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them in accordance with law.
(v) The applicants shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by them from this Court or till the conclusion of the trial.
Order Date :- 25.9.2019 Nitin Verma