Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18460 of 2018 Applicant :- Shyam Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Gopal Das Srivastava,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gopal Das Srivastava, learned counsel for the applicant, Sri Vikas Sahai, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the first two bail application was rejected by the learned Single Judge Hon'ble Pratyush Kumar, J. (since retired) vide the order dated 28.09.2016 and 08.08.2017 respectively and this is the third bail application.
The only ground which has been argued by the learned counsel for the applicant is that applicant is languishing in jail since 28.06.2016 and till date only one prosecution witness PW1 has been recorded out of eleven prosecution witnesses and trial is not likely to be concluded in near future and the applicant undertakes to cooperate with the trial.
Learned A.G.A. opposed the prayer for bail and submitted that trial is in progress.
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 tampering 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 Shyam Narayan involved in Case Crime No. 154 of 2016 under Section..7/13(1)(d) and 13(2) of Prevention of Corruption Act, Police Station Sakaldiha, District Chandauli be released on bail on his furnishing a personal bond with two sureties each in 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 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.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha,J.) Order Date :- 29.5.2018 S. Thakur