Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18581 of 2019 Applicant :- Vinod Kumar Gangwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Arvind Agrawal, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that identically situated co-accused Chandeshwar Shah has been granted bail by Co- ordinate Bench of this Court vide order dated 21.03.2018 in Criminal Misc. Bail Application No. 9971 of 2018 and case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 28.03.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused has been annexed at page 67 of the bail application.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Vinod Kumar Gangwar involved in S.S.T. No. 3 of 2011 arising out of Case Crime No. 24 of 2007 under Sections 409, 420, 467, 468, 471, 109 IPC and Sections 13 (2) Prevention of Corruption Act, Police Station Rasoolabad, District Kanpur Dehat be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.5.2019 Madhurima