Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9243 of 2017 Applicant :- Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pratyush Kumar,J.
Short counter affidavit filed on behalf of the State 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, Sanju, who is involved in Case Crime No. 63 of 2017, under Section 136 of the Electricity Act & sections 411, 414 I.P.C. P.S.- Nai Mandi, District- Muzaffar Nagar.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent, he has been falsely implicated, fictitious arrest of the applicant has been shown on 13.01.2017 at 9.50 PM whereas applicant was challaned under Motor Vehicle Act on 14.01.2017 at 1.30 PM. He further submits that FIR has been lodged anti timed, offences are triable by the court of Magistrate, no independent person has been made witness of the recovery, applicant is not a previous convict, he has permanent residence, he is not likely to abscond.
On behalf of State bail has been opposed and it has been submitted that on the joint pointing out of the arrested persons 9 bundles of aluminium wire along with other equipments were recovered.
The offences charged are punishable with three years imprisonment, they are triable by the court of Magistrate, applicant is not a previous convict, hence the bail application of the present applicant is allowed.
Let applicant, Sanju, 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 :- 19.4.2017 Prajapati