Allahabad High Court
Bablu Chaurasiya @ Bablu Bhai ... vs State Of U.P. on 20 May, 2015
Bench: Brijesh Kumar Srivastava-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- BAIL No. - 3375 of 2015
Applicant :- Bablu Chaurasiya @ Bablu Bhai Chaurasiya
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Swaroop Pandey
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Brijesh Kumar Srivastava-II,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for accused-applicant as well as learned Additional Government Advocate and gone through entire record.
Applicant Bablu Chaurasiya @ Bablu Bhai Chaurasiya is involved in case crime no. 561 of 2014, under Sections 413 IPC read with Section 3/7 Essential Commodities Act, police station Hasanganj, District Lucknow.
It has been contended by learned counsel for accused-applicant that the accused-applicant has been falsely implicated on the basis of statement of co-accused Raj Babu, who was arrested on spot. It has been further contended that the accused-applicant is on bail in the case lodged against him earlier. It has been further contended that the accused-applicant is in jail since 13.12.2014, as averred in para-3 of the affidavit filed in support of the bail application.
Bail is opposed by the learned Additional Government Advocate on the ground of factual assertions made in the FIR and also on the ground that earlier to the present case one case of similar nature was lodged against the accused-applicant.
In view of the above facts and circumstances of the case, coupled with the contentions raised by learned counsel for both sides, and without entering into merit of the case, the applicant is entitled to be released on bail.
Let applicant Bablu Chaurasiya @ Bablu Bhai Chaurasiya accused of above-mentioned crime number, be released on bail on his furnishing a personal bond and two reliable 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 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; and
(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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 20.5.2015
MVS Chauhan/-
