Court No. - 1
Case :- CRIMINAL MISC.2nd. BAIL APPLICATION No. - 24594 of 2019 Applicant :- Sumit Balmiki Alias Chotiwala Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This is the second bail application. The first bail application of the applicant was rejected by this Court on 29.5.2019 for want of prosecution.
Learned counsel for the applicant argued that the applicant has already been granted bail by coordinate Bench of this Court in case crime no.146 of 2018 for offence under Section 307, 336, 353, 427, 504 IPC and 12 D.P.A Act. So fa as other cases pending against the applicant are concerned, explanation has been given in para no.10 of the affidavit filed in support of present bail application. The applicant is in jail since 14.2.2019.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sumit Balmiki alias Chotiwala, involved in Case Crime No.84 of 2017, u/s 394/411 IPC, P.S. Chhatta, district Agra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
Order Date :- 27.9.2019 Gaurav