Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40895 of 2019 Applicant :- Vimlesh @ Vijay Opposite Party :- State Of U.P.
Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State-respondent and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 31.07.2019.
It is further submitted that co-accused Prem Chandra Rathor has already been enlarged on bail vide order dated 20.09.2019 passed in Criminal Misc. Bail Application No. 37361 of 2019. He submits that the applicant is also entitled to bail on the ground of parity.
Learned AGA opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vimlesh @ Vijay, involved in Case Crime No. 50 of 2019, under Sections 420,406, 120-B of Indian Penal Code, P.S. Vaidpura, District Etawah be released on bail on his furnishing a personal bond 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 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 :- 30.9.2019 Lbm/-