Guruvendra @ Gurvindar Singh @ Guravendar Singh Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:31979

Court No. - 8

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8693 of 2023

Applicant :- Guruvendra @ Gurvindar Singh @ Guravendar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This second bail application has been filed by the applicant in F.I.R. No. 298 of 2022, under Section 307 IPC, Police Station Sadarpur, District Sitapur with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that as the charge sheet has been filed, there is no possibility of tampering of any evidence. It is also submitted that statement of P.W. 1/injured has already been recorded. Two other witnesses have also been examined before the trial court. It is next submitted that all the witnesses of fact have already been examined. Learned counsel for the applicant submits that the applicant undertakes that after release, he will not involve in any criminal activity. It is, thus, submitted that the applicant, who has no criminal antecedent and is in jail since 25.09.2022, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that while rejecting the first bail application vide order dated 03.02.2023, trial court was directed to conclude the trial expeditiously, but the same has not been concluded till

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yet.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., application and other relevant documents, it is undisputed that 3 witnesses including the injured have already been examined. It is also evident that at the time of rejecting the first bail application, direction was issued to the trial court to conclude the trial of the case in question, but till today, the same has not been concluded. In such circumstances, I am of the view that the applicant is entitled to be released on bail.

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Application stands allowed.

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Let applicant -Guruvendra @ Gurvindar Singh @ Guravendar Singh be released on bail in F.I.R. No. 298 of 2022, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(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 ofÏce or tamper with the evidence.

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(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.

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(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-

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A IPC.

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(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.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 24.4.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Guruvendra @ Gurvindar Singh @ Guravendar Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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Guruvendra @ Gurvindar Singh @ Guravendar Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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