HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 16
Case :- BAIL No. – 8170 of 2019
Applicant :- Bhaiya Lal @ Amit Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghunath Prasad
Counsel for Opposite Party :- G.A.
Hon’ble Pankaj Bhatia,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Bhaiya Lal alias Amit Singh with a prayer to enlarge him on bail in Case Crime No.140/2019, under Section 354 IPC and 9/10 POCSO Act, Police Station Behtagokul, District Hardoi.
Learned counsel for the applicant argues that the applicant is in jail since 16.6.2019. He further argues that there is no criminal history against the applicant and the statement under Section 164 has already been recorded.
Per contra, learned A.G.A. has opposed the prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant – Bhaiya Lal alias Amit Singh involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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.
(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, 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 CrPC. 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 :- 20.9.2019