This order grants bail to an accused absconding for a non-bailable offense, requiring a personal bond with two sureties. The court emphasizes expediting the trial to avoid further delay.
Applicant released on bail with personal bond and two heavy sureties, undertaking to cooperate with trial and appear.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4160 of 2019
Applicant :- Anuruddh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Beerendra Singh Pal,Pawan Kumar Singh Kaushik Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 138 of 1997 under Sections 323, 325, 308, 504 & 506 I.P.C., Police StationAuraiya, District- Auraiya.
It is a case of jumping bail. It appears from the record that the applicant, who was granted bail by the trial Court, did not appear before the court concerned on the date fixed and hence non-bailable warrant had been issued against the applicant and he is absconding since then as a result of which trial has been protracted.
Submission of the learned counsel for the applicant is that the applicant is a poor labour and went to Punjab in search of job, he had no knowledge about non-bailable warrant; that the applicant has not deliberately and intentionally avoided the proceedings before the trial court. Learned counsel for the applicant also submits that the applicant is ready to furnish an under taking that, in case, he is released on bail, he will not repeat the such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Anuruddh Singh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of
the court concerned along with an undertaking that he will not repeat such mistake again in future and will cooperate with the trial and also remain present before the court concerned as and when the date is fixed in the trial proceedings. In case of default on the part of the applicant in complying the conditions of such undertaking, the trial court shall be at liberty to proceed in accordance with law.
Learned trial Court is directed to conclude the trial within a possible shorter span of time without granting any unwarranted adjournment to either of the parties unless required very compelling circumstances.
Order Date :- 24.4.2019 Fhd.
3 issues framed by the court
Whether an accused absconding after fleeing jurisdiction can be granted bail by filing an undertaking to cooperate with trial.
Whether the trial court should expedite proceedings to prevent further delays in birth-bail cases.
Whether the court can direct the trial court to complete the trial within a shorter span without adjournments.
Anuruddh Singh
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
