Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51277 of 2019 Applicant :- Shyam Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri Neelabh Srivastava for the informant and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 177 of 2019, under Sections 147,323,504,506,304 I.P.C., Police Station Khuthan, District Jaunpur with the prayer to enlarge him on bail.
Learned counsel for the applicant has pressed the present bail application in the backdrop of the orders dated 20 November 2019 passed on Criminal Misc. Bail Application No. 4978 of 2019 with which the present applicant seeks parity. The fact that no specific role has been assigned to the applicant and he stands placed on similar footing as the applicants in the aforementioned bail application has not been disputed either by learned counsel for the informant or the learned AGA.
Accordingly and for the reasons mentioned in the aforesaid orders, let the applicant Shyam Lal 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 subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 28.11.2019 LA/-