High Court at Lucknow. Bail application in a Cheque Dishonour/Atrocities/Fraud case. Court allowed bail to Anurag Tiwari, noting delayed trial and co-accused on bail.
Applicant released on bail on personal bond and two sureties subject to conditions including presence in court and no false evidence.
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Neutral Citation No. - 2024:AHC-LKO:29919
Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2685 of 2024 Applicant :- Anurag Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Kumar Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
14.04.2022 and his first bail application was rejected vide order dated 20.02.2023 passed in Crl. Misc. Bail Application No. 7453 of 2022 with the direction to the trial court to conclude the trial of the present case, expeditiously without granting unnecessary adjournment to either of the parties, but till today the trial has not been concluded as only one witness has been examined. Thus, this Court is 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 officer 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 sufficient 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 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.
Order Date :- 15.4.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a bail application for Sections 409 IPC.
Whether a delay in concluding trial constitutes grounds for bail when co-accused is already on bail.
Anurag Tiwari
State Of U.P. Thru. Prin. Secy. Home Lko.
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
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