Chhotakan @ Chhotanna vs State Of U.P.
2017 Latest Caselaw 4889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- BAIL No. - 546 of 2017
 
Applicant :- Chhotakan @ Chhotanna
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Santosh Kumar Kanaujia
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ravindra Nath Mishra-II,J.

Heard learned counsel for accused-applicant as well as learned Additional Government Advocate and gone through entire record.

Applicant Chhotakan @ Chhotanna is involved in case crime no. 263 of 2016, under Sections 307 I.P.C  police station Sujauli district Bahraich.

Learned counsel for accused-applicant has argued that though it is alleged that accused-applicant fired upon opposite party but no one has sustained any injury.

Keeping in view all facts and circumstances of the case and submissions made by learned counsel for the accused-applicant, and without entering into merit of the case, the applicant is entitled to be released on bail.

Let applicant Chhotakan @ Chhotanna 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 :- 3.10.2017

Pachhere/-