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2017 DIGILAW 885 (ALL)

Rahul v. State of U. P.

2017-03-29

PANKAJ NAQVI

body2017
JUDGMENT Pankaj Naqvi, J. Heard Sri Ashutosh Kumar Gautam, learned counsel for applicant- Rahul, Sri M.K. Singh, the learned Brief Holder and perused the record. Applicant seeks bail in Case Crime No. 1195 of 2016, under Section 392 IPC, P.S. Ranipur, District-Mau. Applicant claims parity with the order of co-accused Amit Kumar @ Tarzan, who was bailed out by this Court in Crl. Misc. Bail Application No. 43034 of 2016, on 9.12.2016, which is not disputed by the learned A.G.A, coupled with the fact that the alleged history of two cases, i.e, Case Crime No. 1195 and 1196 both of 2016 has been sufficiently explained in paragraph-12 of the affidavit, applicant is in jail since 29.10.2016, undertakes not to misuse the liberty of bail, he be enlarged on bail. Learned Brief Holder has opposed the bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Let the applicant involved in aforesaid case be released on bail on 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. In case of breach of any of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.