HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 3891 of 2019
Applicant :- Ram Naresh
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Aniruddh Tiwari,Pratibha Singh
Counsel for Opposite Party :- G.A.,Varun Dev Sharma
Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No.186 of 2018, under Sections 498A, Section307, Section323 IPC and Section 3/4 of the D.P. Act, Police Station Eka, District Firozabad.
Learned Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. The charge-sheet has been filed on 08.02.2019. The applicant is in jail since 13.12.2018. The applicant has no criminal history and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, arguments advanced by learned counsel for the parties and without expressing any opinion on merits, I am of the view that it is fit case for bail.
Let the applicant Ram Naresh be released on bail in Case Crime No.186 of 2018, under Sections 498A, Section307, Section323 IPC and Section 3/4 of the D.P. Act, Police Station Eka, District Firozabad on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(2) 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;
(3). In case, the applicant misuses the liberty of bail 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.
(4) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 26.11.2019