Dharmesh Kumar vs State Of U.P.
2016 Latest Caselaw 5477 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- BAIL No. - 10642 of 2015
 
Applicant :- Dharmesh Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Suchendra Kumar Sharma,Sarvesh Kumar
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Shamsher Bahadur Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for State.

The applicant-Dharmesh Kumar has sought bail in Case Crime No.112 of 2015, under Sections 376, 302, 201 IPC and Section 3/4  of POCSO Act, relating to Police Station-Nighasan, District Kheri.

It is contended by learned counsel for the applicant that similarly situated co-accused namely, Manoj has been granted bail by another Bench of this Court on 5.8.2016 in Bail No.2806 of 2016, photo copy of the order has been produced before this Court which is taken on record.

Learned A.G.A. has opposed the prayer for bail moved on behalf of the applicant.

Having heard learned counsel for the parties and keeping in view the aforesaid facts and also that co-accused- Manoj has already been granted bail, but without expressing any opinion on the merits of the case, let the applicant-Dharmesh Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with 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 :- 24.8.2016

MN/-