Allahabad High Court
Puttan @ Puran Prakash vs State Of U.P. on 5 October, 2017
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- BAIL No. - 7768 of 2017
Applicant :- Puttan @ Puran Prakash
Opposite Party :- State Of U.P.
Counsel for Applicant :- Devki Nandan Srivastava
Counsel for Opposite Party :- Govt. Advocate,Ashutosh Bajpai
Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Devki Nandan Srivastava, learned counsel for the applicant and Ms Poonam Sinha, learned A.G.A. for the State and also perused the record.
It has been contended by the learned counsel for the applicant that the applicant has falsely been implicated in the present case. He has further submits that the deceased has died due to electric shock. He further submitted that the applicant has not committed the offence. The applicant has no criminal history. The applicant is in jail since 31.7.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence,reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Puttan @ Puran Prakash, involved in Case Crime No.0829 of 2017, under Sections 304 IPC and 135 Electricity Act, P.S. Hardi, District Bahraich released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following 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.
Order Date :- 5.10.2017
GS
