Allahabad High Court
Rakshpal vs State Of U.P. on 8 November, 2016
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37318 of 2016
Applicant :- Rakshpal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Prabhakar Singh,Rajesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and the learned AGA.
This bail application has been filed on behalf of the applicant who is involved in Case Crime No. 196 of 2016, under Sections 504, 506, 34, 307, I.P.C. , P.S. Usawan , District Budaun.
It is sought to be urged that co-accused Veerpal and Ashok whose role are similar to that of the applicant, have also been enlarged on bail vide order dated 5 November 2016 in Criminal Misc. Bail Application No. 37419 of 2016. The applicant is in jail since 10.08.2016.
Learned AGA also does not dispute the fact.
Considering the facts and circumstances of the case, to my view, it is a fit case for bail.
Let the applicant-Rakshpal be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 8.11.2016
APP
