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Suraj Jaiswal vs State Of U.P. on 3 December, 2019


?Court No. – 1

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53455 of 2019

Applicant :- Suraj Jaiswal

Opposite Party :- State of U.P.

Counsel for Applicant :- Santosh Kumar Singh,Vivek Singh Shrinet

Counsel for Opposite Party :- G.A.

Hon’ble Ramesh Sinha,J.

Heard Sri S.K.Singh, learned counsel for the applicant, Sri Gaurav Pratap Siingh, learned A.G.A. appearing for the State and perused the record.

It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the allegation which has been levelled against the applicant that the applicant along with co-accused has taken away 160 sacks of wheat grains (each sacks weight 60 Kg.) but no money was paid for the same to the complainant, but the said allegation is absolutely false one as there appears to be no evidence to show that 160 sacks of wheat grains were given to the applicant and co-accused. He next argued that the FIR of the present case has been lodged by the informant after two months of the incident but there is no explanation for the delay. The applicant has no other reported criminal antecedent. The applicant is in jail since 6.9.2019.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant-Suraj Jaiswal involved in Case Crime No.224 of 2019, under Section 406 I.P.C., Police Station Jhangha, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 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.

Order Date :- 3.12.2019




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