Allahabad High Court
Danish Sheikh vs State Of U.P. on 4 July, 2017
Bench: Raghvendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23430 of 2017
Applicant :- Danish Sheikh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amir Khan
Counsel for Opposite Party :- G.A.
Hon'ble Raghvendra Kumar,J.
Heard learned counsel for the accused-applicant and learned A. G. A. for the State of U. P.
This bail application has been moved on behalf of accused-applicant Danish Sheikh, involved in Case Crime No.01 of 2017 registered u/s 147, 148, 149, 307, 435, 436, 395, 397, 323, 504, 506, 332, 353, 427, 186, 336, 34, 452, 120B I.P.C., under section 3/4 Protection of Public Damages Act and Section 7 of Criminal Law Amendment Act Police Station- Madanpur, District- Deoria.
It has been submitted by learned counsel for the applicant that lady is innocent and has been falsely implicated. The accused-persons alongwith other unnamed accused-person are alleged to have attacked on the office of the police station and destroyed the property. Other co-accused person having identical role have already been released on bail.
Learned A. G. A. has opposed the bail application.
Considering the facts and circumstances of the case, nature of accusation, gravity of offence and rival submissions of both the sides, without expressing any opinion on merits of the case, I am of the opinion that it is a fit case for grant of bail to accused-applicant.
Let the accused-applicant Danish Sheikh involved in aforesaid case crime be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties each in the like sum to the satisfaction of the Court concerned on the following conditions :-
(i) The applicant shall file an undertaking that he shall co-operate in the expeditious disposal of the case.
(ii) The applicant shall also 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 the 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.
(iii) 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 IPC.
(iv) 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 IPC.
(v) The applicant shall remain present in person before the trial Court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) 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 :- 4.7.2017
Swati
