Manjeet vs State Of U.P.
2014 Latest Caselaw 2710 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21819 of 2014
 
Applicant :- Manjeet
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajnish Dubey
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajnish Dubey, learned counsel for the applicant and learned A.G.A. for the State.

It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. A false recovery of Alto Car and Rs.5,000/- is said to have been made from the possession of the applicant. In fact no such recovery was made. When the applicant was arrested, similar cases were simultaneously slapped on him and in some of the cases, he has been granted bail. The applicant is in jail since 15.11.2013.

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

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

Let the applicant Manjeet, involved in Case Crime No.266 of 2013, u/s 392, 411 IPC, P.S. Gulawathi, district Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(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 :- 9.7.2014/Gaurav