Hon'ble Ram Krishna Gautam allowed fresh bail to Jitendra Kumar, who had been sent to jail for non-appearance in a trial regarding offenses under the Indian Penal Code and SC/ST Act, despite prior bail and absence.
Release on bail on furnishing fresh personal bond and two sureties under strict conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4050 of 2019
Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant-accused was enlarged on bail by this Court vide order dated 16.12.2013 passed in Criminal Misc. Bail Application No. 38116 of 2013 but on owing to absence on date, non bailable warrant was issued against him and he was sent to jail. This absence of the applicant was happened on being went somewhere else in search of his livelihood and he has forgotten to give information of the same to his counsel and on date he has not appeared before the trial court. Learned counsel for the applicant submitted that in future, he will co-operate during trial, he will not misuse the liberty of bail and will appear regularly before the court concerned on each and every date of hearing. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. It was inadvertent absence of the applicant and he is in jail since 5.10.2018.
Learned AGA opposed the prayer for bail and submitted that the present applicant has earlier enlarged on bail in the same case crime number but he had misused the liberty of the same owing to which he is in jail. Absence was said to be inadvertent because of having no information of date.
Under all above facts and circumstances of the case, a case of fresh bail is there.
Let the applicant-Jitendra Kumar involved in Case Crime No. 184 of 2013, under Sections 394 I.P.C. & 3(1)(X) SC/ST Act, P.S. Shivali, District Kanpur Dehat, be released on bail on furnishing a fresh personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the condition that the applicant will continuously appear before the court below concerned on each and every date of hearing either in-person or through counsel and will not misuse the liberty of bail, will not tamper with the prosecution evidence or not pressurize the prosecution witnesses and will not seek any
exemption through his counsel on any date.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail.
Order Date :- 15.5.2019 AS
2 issues framed by the court
Whether an applicant who was earlier on bail but absconded and was sent to jail can be granted fresh bail?
Whether the applicant can be released on furnishing a fresh personal bond and sureties?
2 provisions across 2 enactments
Jitendra Kumar
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
