The High Court allowed the bail application of the applicant accused of cheating and forgery and demanding property, releasing him on bond and two sureties subject to specific conditions regarding attendance and trial conduct.
Release on bail with personal bond and two sureties subject to conditions for attendance and conduct during trial.
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Neutral Citation No. - 2023:AHC:229575
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49060 of 2023
Applicant :- Man Singh Yadav @ Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is in jail since 29.07.2023.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
Order Date :- 4.12.2023
Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to relief on bail under Section 439 Cr.P.C. in the light of allegations of false implication and lack of tampering risk.
5 provisions across 2 enactments
Man Singh Yadav @ Pappu
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
