Sonu Ram vs State Of U.P.
2016 Latest Caselaw 6038 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?-
 
   

 Court No. - 43 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32372 of 2016 
Applicant :- Sonu Ram 
Opposite Party :- State Of U.P. 
Counsel for Applicant :- Shashi Shankar Tripathi 
Counsel for Opposite Party :- G.A. 
 
 Hon'ble Pratyush Kumar,J. 

Heard

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

perused the record.

This

bail application has been preferred by the accused-applicant Sonu Ram,

who is involved in Case Crime No.552 of 2016, 

under Sections 302, 201 147, 148, 149, 120-B I.P.C, Police Station

Zamania, District Ghazipur.

Heard learned counsel for applicant,

learned A.G.A. and perused the record.

Learned counsel for the applicant in

support of his prayer for bail submits that applicant is innocent. He

has been falsely implicated. He further submits that co-accused Shamshad having similar role has been granted bail by this Court

vide order dated 15.9.2016 in Criminal Misc.Bail Application No.28553 of 2016 and the case of the applicant stands on identical footing,

hence the applicant is also entitled for bail on the ground of

parity. According to him, applicant has no previous history and he is

confined in jail since 4.6.2016.

In view of the facts and circumstances

of the case, submissions made by learned counsel for both sides and

going through the record, without commenting on the merits of the

case, I find it a fit case for bail.

Let applicant, Sonu Ram, be

released on bail in the aforesaid case crime number on his furnishing

a personal bond and two reliable sureties of 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, if 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.

(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 :- 21.9.2016 G.S