HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35764 of 2019
Applicant :- Navin
Opposite Party :- State of U.P.
Counsel for Applicant :- Arvendra Singh
Counsel for Opposite Party :- G.A.
This is a second bail application.
Heard learned counsel for the applicant and learned A.G.A. for the State.
First bail application of the applicant was rejected vide order dated 02.08.2018 in Criminal Misc. Bail Application No.30246 of 2016 directing the trial court to conclude the trial within a period of one year.
Learned counsel for the applicant has filed a supplementary affidavit bringing on record the statement of PW-1, informant, which shows that he has turned hostile and has not supported the allegations made by him in the first information report. Only PW-1 has been examined till date. The trial of the case is not likely to be concluded in near future. Applicant is in jail since 02.04.2015.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Navin, involved in Case Crime No.92 of 2015, under Sections 498a, 304B IPC and 32/4 D.P.Act, Police Station Bevar, District- Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 14.2.2020