Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24065 of 2019 Applicant :- Subhash Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Capt Seema Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed by Sri Vinay Kumar Singh, learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 486 of 2019, under Sections 419, 420, 467, 468, 471, 379, 411, 413, 414 I.P.C., Police Station Cantt, District Varanasi.
Learned counsel for the applicant submits that from the applicant along with other co-accused persons some motorcycles were recovered by the police. Co-accused Subham Singh and Babloo Rajbhar have been granted bail by a co- ordinate Bench of this Court. Co-accused Babloo Rajbhar has been granted bail in Crl.Misc. Bail Application No. 23547 of 2019 vide order dated 6.6.2019 and Co-accused Subham Singh has been granted bail in Crl. Misc. Bail Application No. 23666 of 2019 vide order dated 7.6.2019. He submits that the case of the applicant is identical to that of co-accused Subham Singh and Babloo Rajbhar and he is entitled for parity. The applicant has a criminal history of 14 cases which has been explained in the supplementary affidavit. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 8.04.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co- accused have been released on bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Subhash Kumar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 :- 20.6.2019 Manish Tripathi