In bail application by Devendra, this High Court Court allowed bail under Section 364A IPC, expressing satisfaction regarding prima facie charge and witness tampering risks, and imposed conditions for trial attendance.
The applicant was released on bail on personal bond with two sureties subject to specific undertakings regarding trial attendance and conduct.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33006 of 2018
Applicant :- Devendra Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and when it came to the knowledge of the applicant he without further delay surrendered before the lower court on 31.5.2018 and was sent to jail. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 31.5.2018.
Learned A.G.A. opposed the prayer for bail.
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 and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Devendra involved in Case Crime No.686 of 1999, under Section 364A IPC, Police Station Ajeetmal, District Auraiya, be released on bail on his furnishing a personal bond with two 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.8.2018 ssm
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Section 364A IPC considering the severity of punishment and risk of witness tampering.
What conditions of bail should be imposed on the applicant regarding attendance and conduct during the trial.
5 provisions across 2 enactments
Devendra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
