Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8146 of 2019 Applicant :- Ravendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gagan Pratap Singh,Pramod Kumar Singh,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Ref: Order on Criminal Misc. (Second) Bail Application
Supplementary affidavit has been filed today, which is taken on record.
Heard Sri V. P. Srivastava, learned Senior Advocate assisted by Sri Sanjay Singh, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned AGA for the State and perused the record.
The first bail application moved on behalf of the applicant was rejected by this Court vide order dated 04.12.2018. This is the second bail application move on behalf of the applicant.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 19.06.2018 and till date trial has not framed charges against him. A copy of the order has been annexed with the supplementary affidavit. In view of the same, he prays for that the applicant may be granted bail and to undertake to co-operate with the trial. The applicant has no other reported criminal antecedent. The applicant is in jail since 19.06.2018.
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 applicant is entitled to be released on bail in this case.
Let the applicant-Ravendra Singh involved in Case Crime No.837 of 2018, under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 8/9 of P.C. Act, 1988, Police Station Kotwali, District Mathura be released on bail on his furnishing a personal bond of Rs.1,00,000/- with two sureties (one should be of his family member) each 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of eight months from the date of production of a certified copy of this order, if there is no legal impediment.
The trial court is also directed to ensure the presence of the witness and if they do not appear before the trial court, coercive action shall be taken against him, in accordance with law.
Order Date :- 27.9.2019 Nitin Verma (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)