Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39494 of 2019 Applicant :- Satyapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Poonam Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the accused-applicant, Satyapal, who is involved Case Crime No.210 of 2019, under Section 399/402 IPC, Police Station Rajpura, District-Sambhal.
Submission of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in this case due to police rivalry. It has further submitted that a alleged recovery of fire arms, cartridges and other equipments shown from the applicant and other accused is false, fabricated and planted. There is no independent witness of this alleged recovery. It has also submitted that he has not been previously convicted. He is a labour class person. Applicant is in jail since 30.06.2019. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the factual contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Satyapal) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
Order Date :- 26.9.2019 Pr/-