This High Court bail application concerns an applicant surrendered facing charges of injury and theft. Granting bail with conditions regarding trial attendance and covenants against adjournments, the court directed expedited trial completion within one year.
Applicant released on bail with two sureties; trial to be concluded within one year.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38948 of 2019
Applicant :- Balwan Singh Khangar Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Salman Ahmad, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I 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 in pursuance of the same, he surrendered before the court below on 02.02.2019. 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 02.02.2019.
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 Balwan Singh Khangar involved in S.T. No. 36A/2004 arising out of Case Crime No. 846 of 2004, under Section 394, 324, 411 I.P.C., Police Station Kotwali Orai, District Jalaun 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 229A 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 8.9.2020 Arti
1 issue framed by the court
Whether the applicant is entitled to bail given his surrender due to unavoidable circumstances despite non-bailable warrant issuance.
7 provisions across 2 enactments
Balwan Singh Khangar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
