Allahabad High Court
Prabhoo vs State Of U.P. on 19 October, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 8359 of 2019 Applicant :- Prabhoo Opposite Party :- State Of U.P. Counsel for Applicant :- Janardan Prasad,Hari Kunwar Rai Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. Counter affidavit filed today is taken on record.
It has been contended by the learned counsel for the applicant that the applicant is in jail since 6.6.2019 in Crime No. 300/2012 u/s 467, 468, 471, 420, 506 IPC, P.S. Misrikh, District Sitapur. He has further submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the F.I.R. He has also submitted that one Vidya Sagar who is purchaser of the property in question has been granted bail by this Court on 2.8.2019 in Bail No. 7109 which is Annexure no. 3 to the bail application and the offence are triable by magistrate. Further, learned counsel for the applicant has submitted that since the present applicant is a bonafide purchaser and the co-accused namely Vidya Sagar has been granted bail who is also a purchaser, therefore, on the basis of parity he may be granted bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without entering into the merits of the case and considering the aforesaid facts and circumstances, the applicant is entitled to be released on bail in this case.
Let the applicant Prabhoo, involved in Crime No. 300/2012 u/s 467, 468, 471, 420, 506 IPC, P.S. Misrikh, District Sitapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 229-A of the Indian Penal Code.
(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. 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.
(iv) 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 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 :- 19.10.2019 Om [Rajesh Singh Chauhan, J.]