Allahabad High Court
Yaduvendra Singh @ Puttu (Second Bail) vs State Of U.P. on 24 July, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 3448 of 2020 Applicant :- Yaduvendra Singh @ Puttu (Second Bail) Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Chandra Dhari Singh,J.
Today, this bail application has been taken up through Video Conferencing.
This is the second bail application of the applicant. The first bail application being Bail No.2184 of 2020 was rejected by this Court vide order dated 03.03.2020.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No.292 of 2014, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Lalganj, District Rae Bareli.
Learned counsel for the applicant has submitted this is a case of bail jump. Learned counsel has submitted that earlier the applicant was granted bail vide order dated 17.09.2014 in Bail No.5863 of 2014 with certain conditions. However, due to prolong illness, the applicant could not appearing before the Court below, therefore, he has been arrested. The applicant has criminal history of four cases. Out of the said four cases, the applicant is on bail in three cases and in one case, final report has been filed.
Learned counsel for the applicant has submitted, if granted, the applicant will not misuse the liberty of bail and abide by all the conditions imposed by this Court.
Learned AGA has opposed the prayer for bail but has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Yaduvendra Singh @ Puttu be released on bail in aforesaid first information report number on his furnishing a personal bond, provided that the accused/applicant shall also undertake to furnish two reliable sureties required by the Court concerned, within a period of 6 weeks from the date of his/her actual release with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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 of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
4. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.7.2020 nishant/-