Pankaj Chauriya @ Prakash ... vs State Of U.P.
2014 Latest Caselaw 6217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23036 of 2014
 

 
Applicant :- Pankaj Chauriya @ Prakash Chauriya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Birendra Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Birendra Singh, learned counsel for the applicant and Sri S.D. Yadav, learned AGA appearing for State and perused the record. 

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is stated that the applicant had never gone to place of incident nor committed any offence as alleged in the FIR. The applicant has no criminal history. The applicant is in jail since 14.4.2014.

Learned AGA opposed the prayer for bail.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering 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 Pankaj Chauriya @ Prakash Chauriya involved in case Case Crime No. 26 of 2014, under sections 354, 506 IPC, Section 3)1) 10SC/ST Act and Section 7/8 POSCO Act, 2012, police station Atarra, district Banda 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:

(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:- 9.9.2014

SKS