Allahabad High Court
Kamalsheel Gupta And 2 Others vs State Of U.P. And Another on 24 March, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7646 of 2021
Applicant :- Kamalsheel Gupta And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary
Counsel for Opposite Party :- G.A.,Arun Kumar Singh
Hon'ble Siddharth,J.
Order on Criminal Misc. Correction Application No. 01 of 2021
Heard learned counsel for the applicant.
This is the correction application for correction in the order dated 13.03.2021.
In the 4th to 6th paragraph of the order dated13.03.2021, delete the sentence 'till thecognisance is taken by the Magistrate on the police report submitted u/s 173(2) Cr.P.C.before the competent Court,whichever is earlier',shall be read as deleted and adding following conditions in the bail application shall also be read as added :-
"In the event of arrest, the applicants shall be released on anticipatory bail. Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passports, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court.
3. That the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicants.
5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants 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 them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The correction application is allowed.
This order shall be treated as part of the order dated13.03.2021.
Order Date :- 24.3.2021
Rohit
