Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42548 of 2019 Applicant :- Sunil Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- P.K. Singh,Dilip Kumar,Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.,A. Kumar Singh
Hon'ble Pritinker Diwaker,J.
Heard Mr Rakesh Pande, learned Senior Counsel, assisted by Mr P K Singh, learned counsel for the applicant, Mr Amit Sinha, learned AGA for the State, Mr Ashok Kumar, learned counsel for the complainant and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during the trial in connection with Crime No.349 of 2019 under Section 412 of IPC, Police Station Machalishahar, District Jaunpur.
Allegation against the applicant is that he purchased robbed property worth amounting to Rs.6.20 lakhs.
Learned counsel for the applicant submits that iron rod (saria) worth amounting to Rs.6.20 lakhs was purchased by the applicant from one Badre Alam from whom, he used to purchase the same regularly. He submits that there is absolutely no evidence that the applicant was aware about the fact that the said property was robbed or looted. Lastly, it has been argued that the applicant is in jail since 6.9.2019; trial may take sometime for its final disposal and, therefore, applicant be released on bail.
On the other hand, learned AGA and learned counsel for the objector oppose the bail application.
Considering the totality of the case, in particular the nature of allegations against the applicant and further considering his detention period, without further commenting on merit, I am inclined to release the applicant on bail.
Let applicant Sunil Kumar Singh be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs) and two 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/she shall not seek any adjournment on the date 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under section 229-a IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under section 82 Cr PC, may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under section 174-a I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr PC. 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/her in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any willful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 28.11.2019 RKK/-