Zamaludeen vs The State Of U.P.
2014 Latest Caselaw 2347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- BAIL No. - 3789 of 2014
 

 
Applicant :- Zamaludeen
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Hari Om Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

This bail application has been preferred by the accused-applicant Zamaludeen, who is involved in Case Crime No.308 of 2014, under Sections 363, 366, 376, 328, 379 and 3/4 PASCO Act, 2012 I.P.C., Police Station Jalalpur District Ambedkar Nagar.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Considering the facts and circumstances of the case, let the applicant (Zamaludeen) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 :- 23.6.2014

Shahnaz