Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.216 of 2015, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station Maholi, District Sitapur.
The accused-applicant has been in jail since 7.4.2016 and despite the direction issued by this Court vide order dated 19.7.2018 to conclude the trial within a period of one year, the trial has not yet been concluded.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the long incarceration of the accused-applicant without conclusion of the trial, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Yunus be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.1.2021 Rao/-