Heard learned counsel for the applicant and the learned AGA.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 477 of 2016, under Sections 323, 504, 506, 307, 452 I.P.C. , P.S. Badaut , District Baghpat.
It is sought to be urged that there is no injury case, co-accused Ravi had already been enlarged on bail by this court by order dated 14.09.2016 in Cr. Misc. Bail Application No. 31609 of 2016. The criminal history of the applicant has been explained in the affidavit filed in support of the bail application. The applicant is in jail since 15.06.2016.
Learned AGA also does not dispute the fact.
Considering the facts and circumstances of the case, to my view, it is a fit case for bail.
Let the applicant-Vikash @ Mohana be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 8.11.2016 APP