Allahabad High Court
Om Prakash vs State Of U.P. on 15 October, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 9250 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Vijay Pratap Singh, learned counsel for the applicant and Sri Santosh Mishra, learned A.G.A.
Learned AGA has filed counter affidavit and Sri Vijay Pratap Singh has filed rejoinder affidavit; both the affidavits are taken on record.
Submission of learned counsel for the applicant is that the applicant is in jail since 14.8.2019 in Case Crime No.574 of 2019, under Sections 419, 420, 467, 468, 471 IPC and Section 4/10 of the Uttar Pradesh Public Examination Act, Police Station ? Aashiyana, District ? Lucknow. He has further submitted that the applicant has been falsely implicated in the case as he has not committed any offence as alleged. Sri Singh has further submitted that the present applicant is a meritorious student and has passed secondary school examination in 2009 in A+ rank and has obtained degree of Art Honours in the year 2015. The present applicant is continuously appearing in the civil services examination. He has further submitted that the alleged occurrence as per the complainant was occurred between 9:00 AM to 10:30 AM on 13.8.2019 and the FIR was lodged on 13.8.2019 at 23:56 hours i.e. after more than 13 hours and such delay has not been explained. He has also submitted that the offence under which the FIR has been lodged is triable by the Magistrate.
Learned AGA has opposed the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let applicant - Om Prakash be released on bail in the aforesaid case crime number 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:-
(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 :- 15.10.2019 RBS/-
[Rajesh Singh Chauhan,J.]