HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 13
Case :- BAIL No. – 343 of 2020
Applicant :- Brijesh Kumar Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay “Madhavan”,Gyanendra Pratap Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant seeking bail in FIR No.0360 of 2019 initially registered under Sections 406, 506, 323 IPC, Police Station Kotwali Bikapur, Ayodhya. During the course of investigation, offence under Section 377 IPC has been added.
3. Considering the allegations in the FIR regarding torture and extortion of Rs.50,000/- from the complainant and the fact that the accused-applicant has no criminal history and he is in jail since 19.11.2019, it would be appropriate to enlarge the accused-applicant on bail.
4. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
5. Let applicant, Brijesh Kumar Yadav be released on bail in the aforesaid case on his/her 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/her 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.
(v) The accused-applicant shall pay Rs.1,00,000/- within a period of four weeks from the date of his released to the complainant/victim. Trial Court after due verification will release the amount in favour of the complainant. In case of failure to deposit Rs.1,00,000/-, this bail order shall be deemed to be cancelled and he shall be taken in the custody.
Order Date :- 3.3.2020