Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9624 of 2018 Applicant :- Uday Pratap Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Anoop Trivedi,Pramod Kumar Sahani Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard Sri Anoop Trivedi, learned counsel for the applicant and Sri Chaddha, the learned A.G.A.
The applicant has been charged in Case Crime No. 428 of 2017 for the offences under Section 120B I.P.C and Section 7/13 of Prevention of Corruption Act. Police Station - Gulriha, District - Gorakhpur.
The attention of the Court has been drawn to the order passed by the Supreme Court on 7 August 2018 in Petition(s) for Special Leave to Appeal (Crl.) No(s). 5533/2018, dealing with the prayer for bail made by Sudhir Kumar Pandey who is the predecessor of the applicant in the concerned Medical College and has been enlarged on bail. Sri Trivedi has further apprised the Court that the investigation is complete and that a charge sheet has been submitted in these proceedings. Sri Chaddha, the learned A.G.A. does not raise any serious objection to the submission of parity as claimed with Sudhir Kumar Pandey. The Court also bears in mind that the applicant has been in Jail since 14 September 2017.
On an overall conspectus of the aforesaid facts, this Court is of the considered view that the applicant is entitled to be enlarged on bail.
Accordingly let the Applicant, Uday Pratap Sharma, charged in Case Crime No. 428 of 2017 for the offences under Section 120B I.P.C and Section 7/13 of Prevention of Corruption Act. Police Station - Gulriha, District - Gorakhpur be enlarged on bail upon his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following additional conditions which stand imposed in the interest of justice:--
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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 his under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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 :- 14.9.2018/Arun K. Singh (Yashwant Varma, J.)