Allahabad High Court
Sameer vs State Of U.P. on 26 February, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 4214 of 2017 Applicant :- Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in Case Crime No.2261 of 2016, under Sections 302, 376D, 201 IPC, P.S. Sirsiya, District Shrawasti.
Learned counsel for the applicant has submitted that the applicant in innocent and has not committed any offence as alleged in the impugned FIR. The applicant is languishing in jail since 31.12.2016. Charge-sheet has been filed on 23.02.2017. As per the charge-sheet, total 21 witnesses were to be examined, out of which 13 witnesses, who are facts witnesses, have been examined. Learned counsel has forwarded a copy of statements of P.W.-1 to P.W.-13 which is taken on record.
Learned counsel for the applicant has further submitted that since the trial is going on from 2017 and out of 21, 13 facts witnesses have been examined and rest 8 witnesses are still to be examined, there is no chance of completion of trial in near future. The applicant has no previous criminal history. The applicant shall abide all the conditions imposed by this Court while granting bail.
Learned AGA has opposed the prayer for bail and submitted that the applicant has committed heinous crime. He has not contradicted the facts as stated by learned counsel for the applicant.
Taking into consideration the facts and circumstances of the case and the fact that all facts have been examined but without expressing any opinion on merits, let the applicant Sameer be released on bail in aforesaid first information report number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 26.2.2020 nishant/-