Rajesh @ Bhurwa vs The State Of U.P.
2014 Latest Caselaw 2241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- BAIL No. - 3314 of 2014
 

 
Applicant :- Rajesh @ Bhurwa
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Lalji Prasad Shukla
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

This bail application has been preferred by accused-applicant, who is involved in Case Crime No.67/2013, under Sections 363, 366, 506, 376 IPC, Police Station Biswan, District Sitapur.

Heard learned counsel for the applicant and learned AGA for the State.

It has been submitted by learned counsel for the applicant that the victim is a minor girl and she has not supported the prosecution case.

Considering the facts and circumstances of the case, let the applicant be released on bail in the aforesaid case crime number on his furnishing two sureties and a personal bond in the like amount to the satisfaction of the magistrate concerned subject to 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 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 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 :- 10.6.2014

Rakesh/-