Single judge release applicant on bail in bail application granted under Section 438 CrPC refusing earlier grant in co-ordinate bench due to additional serious charges.
Applicant released on bail on personal bond and two sureties subject to conditions preventing tampering and ensuring presence at trial.
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Neutral Citation No. - 2024:AHC-LKO:43553
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6447 of 2024
Applicant :- Shiv Kumar Goswami Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
No.11174 of 2022, dated 28.9.2022, it is evident that bail application of the applicant was allowed under Sections 420, 467, 468, 471, 406 I.P.C. but the charge sheet has been filed in additional Sections 409, 419, 506 and 120-B I.P.C., therefore, I am of the view that the applicant is entitled to be released on bail.
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.
(iii) 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.
(iv) 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 sufÏcient cause, the Trial Court may proceed against him under Section 229-A IPC.
(v) 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.
(vi) 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 sufÏcient 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.
Order Date :- 19.6.2024 Gaurav/-
Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether applicant is entitled to bail in light of prior grant in fewer sections and subsequent filing of charge sheet in additional serious offences.
Shiv Kumar Goswami
State Of U.P. Thru. Secy. Home Lko.
Rajeev Singh
As recorded by the court registry
2 orders share this CNR
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