Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21447 of 2019 Applicant :- Sanjeev Alias Lala Opposite Party :- State Of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
By means of this application, the accused-applicant, Sanjeev alias Lala, who is involved in Case Crime No. 828 of 2017, under Sections-394, 411, 504 I.P.C., Police Station- Wazeerganj, District-Budun, is seeking enlargement on bail.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number on the basis of confessional statement of co- accused, Dinesh, who has been granted bail in Crl. Misc. bail Application No. 15940 of 2018 by a coordinate Bench of this Court; alleged recovery against the accused-applicant is a planted one, that too, with no independent public witness; accused-applicant is of no criminal antecedent prior to above date of recovery and one case has been planted subsequent to the present case in which he has been granted bail, order of which has been placed on record. There is no likelihood of accused-applicant fleeing from course of justice or tampering with evidence, in case of release on bail. Hence, a prayer for bail has been made.
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, Sanjeev alias Lala, involved in above mentioned case crime number be released on bail on his furnishing a personal bond and two 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 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 :- 31.5.2019 bgs/