Allahabad High Court
Premchandra Yadav vs State Of U.P. Thru. Prin. Secy. Home Lko. on 16 January, 2023
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 752 of 2023 Applicant :- Premchandra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Shobh Nath Pandey, learned counsel for the applicant, Shri Manoj Kumar Sahu, learned Additional Government Advocate for the State and perused the material on record.
It has been contended by the learned counsel for the applicant that (i) Case Crime No. 335 of 2021, under Sections under Sections 457, 380, 411 I.P.C., Police Station Pura Kalandar, District Ayodhya, and (ii) Case Crime No.274 of 2021, under Sections 457, 380 I.P.C., Police Station Cantt. District Ayodhya have been lodged against the applicant. In the Gang Chart which has been annexed as Annexure No.2 to the bail application, both cases have been shown. In both the cases, the applicant has been granted bail by the competent Courts on 21.08.2021 and 08.09.2021 (collectively filed as Annexure No.3). The applicant is in jail since 13.08.2022, hence he prays for grant of bail.
Learned A.G.A. opposed the prayer for bail.
After hearing the submissions advanced by learned Counsel for the parties and considering the fact that the applicant has been granted bail in both the cases mentioned in the gang chart and further the period of incarceration of the applicant in jail, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case.
Let the applicant, Premchandra Yadav, involved in Case Crime No.280 of 2022, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Pura Kalandar, District Ayodhya/Faizabad, be enlarged on bail on furnishing a personal bond with two heavy sureties to the satisfaction of the Court concerned subject to 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.
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[Ramesh Sinha, J.] Order Date :- 16.1.2023 lakshman