Heard learned counsel for the accused-applicant, learned A.G.A. and perused the record.
This is a second bail application filed by the accused applicant who is involved in case crime no. 98 of 2017 under Sections 326, 504, 323 and 34 I.P.C., police station Krishna Nagar, district Lucknow.
First bail application was rejected on the ground that the role for causing the grievous injury to the victim was attributed to the present applicant. The evidence in the trial has advanced, which is placed on record. Co-accused persons have already been enlarged on bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Without expressing any opinion on the merit of the case, this Court finds that a prima facie case for grant of bail is made out not only looking to the fact that the co-accused persons have already been enlarged on bail but from the material available on record as well.
Let the applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
Order Date :- 28.11.2019 kanhaiya