Allahabad High Court
Nitin Kasana vs State Of U.P. on 12 August, 2015
Bench: Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26554 of 2015
Applicant :- Nitin Kasana
Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Singh,Shiv Nath Singh
Counsel for Opposite Party :- Govt. Advocate,Vijay Prakash
Hon'ble Pankaj Naqvi,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Shiv Nath Singh, learned counsel for applicant, Sri Vijay Prakash, learned counsel for the informant, learned A.G.A. for the State and perused the record.
Applicant-Nitin Kasana seeks bail in Case Crime No. 1958 of 2014 under Sections 302, 34 I.P.C., Police Station Indirapuram, District Ghaziabad.
Learned counsel for the applicant claims parity with the order dated 30.7.2015, by which co-accused Kiranpal Singh, stood bailed out by this Court in Crl. Misc. Bail Application No. 26820 of 2015. It is contended that the case of the applicant stands completely at par with that of Kiranpal Singh. The applicant claims to have no previous criminal history and is jail since 8.5.2015.
Sri Vijay Prakash, learned counsel for the informant is not in a position to dispute the claim on parity.
Learned AGA and Sri Vijay Prakash have however opposed the bail on merits.
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 involved in aforesaid case 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 :- 12.8.2015
Ashish Pd.
