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2024 DIGILAW 948 (ALL)

Ashok Yadav v. State of U. P.

2024-04-02

ATTAU RAHMAN MASOODI

body2024
JUDGMENT : Attau Rahman Masoodi, J. 1. Heard learned counsel for the accused-applicant and learned Additional Government Advocate for the State. 2. This is the first bail application filed by the accused-applicant, Ashok Yadav, who is involved in Case Crime No. 759/2019, under Sections 409, 419, 420, 467, 468, 471, 120-B, 34 IPC, Police Station Kotwali City, District Hardoi. 3. It is submitted that the charge sheet has already come to be filed in the case and the matter is proceeding for trial. Thus, the apprehension of the prosecution that the accused-applicant shall tamper with the collection of evidence in any manner is ruled out. There is no past criminal history of the accused-applicant. It is assured that the applicant shall not misuse the bail and shall co-operate with the proceedings of trial without fail. 4. Learned Additional Government Advocate has opposed the prayer for bail, however the fact that the charge sheet has come to be filed before the Court concerned and the matter is proceeded for trial is not disputed. The absence of past criminal history of the accused-applicant is also not disputed by the learned Additional Government Advocate. 5. Having regard to the fact that the charge sheet has already been filed and the chances of tampering with the evidence by the accused-applicant are ruled out and looking to the assurance that he shall co-operate with the trial, a case for bail is made out. 6. 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 Court concerned, subject to 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. (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.