Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48326 of 2018 Applicant :- Rohtash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.B. Sharma, learned counsel for the applicant and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that there were 14 accused persons including the applicant named in the F.I.R. but charge-sheet has been submitted against the applicant and co-accused, namely, Sevaram and Sovran, who have been granted bail by this Court vide order dated 7.3.2018 in Criminal Misc. Bail Application No. 13890 of 2015 copy of which is on record. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 16.10.2014.
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 Rohtas involved in Case Crime No. 228 of 2014 under sections 147, 148, 149, 302 I.P.C., police station Rajpura, District Sambhal be released on bail on his furnishing a personal bond with two sureties 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
It is made clear that if the statement of the applicant under section 313 Cr.P.C. has already been recorded by the trial court, this order granting bail to the applicant shall not be given effect to and the trial be concluded expeditiously within two months.
Order Date :- 29.5.2019 Shiraz