Allahabad High Court
Jhankari Lal vs State Of U.P. on 25 March, 2021
Bench: Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?(Orders reserved on 19.3.2021)
(Judgment delivered on 25.3.2021)
Court No. - 29
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12250 of 2020
Applicant :- Jhankari Lal
Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
This is second bail application. The first bail came to be rejected on 17.12.2019.
Heard Shri Jitendra Pal Singh, learned counsel for the applicant and Ms.Manju Thakur, the learned A.G.A.
Applicant Jhankari Lal seeks bail in Case Crime no.126 of 2019, under Section 302 IPC, P.S. Bisalpur, District- Pilibhit.
It is submitted on behalf of the learned counsel for the applicant that P.W-1, the informant (wife of the victim) in her testimony did not disclose the name of the applicant in the commission of the alleged murder of her husband coupled with the fact that considering the number of witnesses left to be examined, trial is not likely to be concluded in near future, applicant is in jail since 20.3.2019, undertakes not to misuse the liberty, he be enlarged on bail.
Learned AGA opposed the prayer for bail but could not demonstrate any material to the contrary.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant involved in aforesaid case be released on bail on 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 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 :- 25.3.2021
RS
