Court No. - 1
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 13310 of 2019 Applicant :- Siddhari Opposite Party :- State Of U.P.
Counsel for Applicant :- Gufran Ahmad Khan,Khalid Mahmood Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Gufran Ahmad Khan, learned counsel for the applicant and Sri J.P. Tripathi, learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected by this Court vide order dated 28.2.2018, hence this second bail application has been moved on behalf of the applicant.
The new ground which has been argued by the learned counsel for the applicant is that while rejecting the first bail application of the applicant on 28.2.2018, this Court directed for expediting the trial of the present case within a period of four months from the date of production of a certified copy of the said order but the trial has yet not been concluded though the order of this Court has been produced before the trial court on 5.4.2018. He submits that two prosecution witnesses have not supported the prosecution case and turned hostile. The evidence of the Investigating Officer is still to be recorded. The applicant is in jail since 18.3.2015, hence the applicant may be released on bail.
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 Siddhari involved in Case Crime No. 318 o 2014 under sections 302, 120-B I.P.C., police station Ughaiti, District Badaun be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (out of which one should be of his family member) 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a further period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 26.4.2019 Shiraz