Allahabad High Court
Bharat Das @ Ram Nevaz Singh Second Bail vs State Of U.P. on 19 September, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5023 of 2021 Applicant :- Bharat Das @ Ram Nevaz Singh Second Bail Opposite Party :- State of U.P. Counsel for Applicant :- B.R. Singh,Anuj Singh,Manish Vaish,Sushil Kumar Singh,Vivek Pandey Counsel for Opposite Party :- G.A.,Shyam Bahadur Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the parties and perused the record.
2. This is the second bail application. First bail application of the accused-applicant got rejected by this Court vide a detailed order dated 5.2.2021 passed in Criminal Misc. Bail Application No.8578 of 2020.
3. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.589 of 2019, under Sections 34, 147, 419, 420, 467, 468, 471, 504 and 506 IPC, Police Station P.G.I., District Lucknow.
4. The Court also took notice of the notorious criminal history of the accused-applicant while rejecting his first bail application. This Court does not find that there is any changed circumstance to enlarge the accused-applicant on bail at this stage.
5. Second bail application is accordingly rejected.
6. However,the trial court is directed to proceed with the trial and conclude the same, preferably, within a period of one year.
7. Looking at the age of the accused-applicant, who is said to be 77 years of age, and also the fact that he not keeping well in the Jail, he (Bharat Das @ Ram Neves Singh) is enlarged on interim bail for a period of one and a half month from today in the above FIR on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) Accused-applicant shall not deal with any property of the Math on the basis of any Will or any other instrument in his favour. He will not visit the property of any Math of Udaseen Sampradayik Prabhandhan Trust, Sultanpur at Bandhua Kalan Ashram during the subsistence of his interim bail.
(ii) Accused-applicant shall surrender before the trial court on 11.11.2022. In case he does not surrender before the trial court on the said date, he shall be taken into custody forthwith and send to jail.
(iii) 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.
(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 of the Indian Penal Code.
(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. 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.
(vi) 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.
8. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
9. Subject to above observations and directions, C.M. Application No.6 of 2022 (Application for short term Bail) stands allowed.
Order Date :- 19.9.2022 Rao/-