Single judge of the Allahabad High Court considered a bail application filed by an LLB student accused under various IPC sections. Granting bail is issued contingent upon furnishing a personal bond and two sureties.
Released on bail upon furnishing a personal bond and two sureties against conditional undertaking.
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Neutral Citation No. - 2023:AHC:124229
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7336 of 2023
Applicant :- Ujjwal Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Brij Kishore Pandey,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.,Madan Singh
Hon'ble Shekhar Kumar Yadav,J.
(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 :- 5.6.2023/RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the case is a fit case for granting bail during the trial.
What conditions are necessary to ensure the applicant's presence and conduct during the trial.
1 provisions across 1 enactments
Ujjwal Tiwari
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
