Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33820 of 2018 Applicant :- Siri Sharma And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anil Kumar Sharma, learned counsel for the applicants and Sri V.K. Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the due to some unavoidable circumstances, the applicants could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicants and in pursuance of the same, they were arrested on 31.7.2018 and the trial is in progress. The applicants undertake to appear before the trial court on each and every date fixed by the trial court. The applicants have no other reported criminal antecedent. The applicants are in jail since 31.7.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Let the applicants Siri Sharma and Sunil Sharma involved in Case Crime No.301 of 2006 under Sections 147, 149, 308 I.P.C., Police Station Sadat, District Ghazipur be released on bail on their furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following condition:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them 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 period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 5.9.2018 Dev/-