Allahabad High Court
Raghunath vs State Of U.P. on 16 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- BAIL No. - 3406 of 2020 Applicant :- Raghunath Opposite Party :- State of U.P. Counsel for Applicant :- Siddhartha Sinha,Arun Sinha Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the accused-applicant and learned A.G.A. for the State.
This bail application has been filed by the accused-applicant Raghunath, who is involved in Case Crime No. 221 of 2020, under Sections 465, 468, 471, 477A I.P.C., police station Mahanagar, district Lucknow.
It is submitted that the applicant has already retired from service and there is no question of tampering with the evidence by him in any manner. The applicant was arrested on 27.2.2020, however on account of the punishment of the alleged offence being less than seven years, the applicant has been released on parole on executing a personal bond and this is how the custody of the accused applicant is secured for the purposes of facing trial. There is no past criminal history of the accused applicant. Charge-sheet has already been fled on 2.3.2020. The offences are triable by the Magistrate.
Learned A.G.A. opposed the bail application on the ground that the accused applicant unless he surrenders before the court concerned, the prayer for regular bail cannot be pressed.
Sri Siddharth Sinha, learned counsel for the accused applicant placing reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Sundeep Kumar Bafna versus State of Maharashtra and another reported in 2015(3) SCC(Cri) 558 has argued that the custody in the present case where the accused applicant was arrested and thereafter released on parole on executing a personal bond on 25.3.2020 is bound to be understood under the custody. The applicant's conditional release on parole amounts to a custody for the purposes of consideration of his prayer for regular bail.
The position of law has not been refuted on behalf of the State subject to the appearance of the accused applicant before the court concerned for making compliance of the condition of regular bail i.e. furnishing personal bond and sureties to the satisfaction of the court concerned.
Having regard to the facts and circumstances of the case and subject to the condition that the applicant shall surrender before the court concerned within 15 working days from today, a case for regular bail is made out. In case the accused applicant surrenders before the court concerned, he shall be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned in accordance with law and subject to 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 :- 16.6.2020 kanhaiya