Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41340 of 2018 Applicant :- Sanjeev @ Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Vakalatnama filed by Sri Manoj Kumar Patel on behalf of the informant is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Sanjeev @ Pappu, who is involved in S.T. No.226 of 2018, Case Crime No.95 of 2018, under Sections 147,148,149,324,302 and 506 I.P.C. P.S.- Saifai, District- Etawah.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is also submitted that the co-accused Udayveer @ Pappu having identical role has already been granted bail by this Court vide order dated 26.10.2018 passed in Criminal Misc. Bail Application No.40568 of 2018, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 14.05.2018.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Sanjeev @ Pappu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of 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, if 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 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 31.10.2018 Asha (Chandra Dhari Singh,J.)