Allahabad High Court
Ram Bharat vs State Of U.P. on 20 September, 2017
Bench: Ravindra Nath Kakkar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35791 of 2017
Applicant :- Ram Bharat
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur
Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Anil Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been moved for enlarging the applicant Ram Bharat on bail in Case Crime No. 154 of 2017, under Sections 147, 148, 149, 307, 302, 427, 323, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, PS-Dauki, District- Agra.
Learned counsel for the applicant contended that applicant has been falsely implicated in this case. It is further contended that the main role has assigned to co-accused Ram Prakash and Bhuri Singh who were armed with a country made pistol. It is next contended that co-accused granted bail by this Court vide order dated 13.9.2017 in Criminal Misc. Bail Application No. 30936 of 2017 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. He has no criminal antecedent to his credit. The applicant is in jail since 13.5.2017.
On the other hand learned A.G.A. opposed the prayer for grant of bail to the applicant but admitted that there is no criminal antecedents against the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Ram Bharat be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. 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;
2. 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.
3. 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.
4. 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 :- 20.9.2017
Ishan
