Hashim v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6099 of 2023 Applicant :- Hashim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Naresh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the applicant as well as Sri Bhanu Pratap Singh, learned A.G.A. and perused the record.

¶2This is the third bail application. First and second bail applications got rejected by this Court vide orders dated

23.6.2021 and 11.10.2022 passed in Criminal Misc. Bail Application Nos.859 of 2020 and 15029 of 2021.

¶3The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.1052 of 2019, under Sections 366 and 376 IPC, Police Station Kotwali Sadar, District Lakhimpur Kheri.

¶4Learned counsel for the accused-applicant submits that after rejection of the two bail applications filed by the accused-applicant, all the witnesses of fact have been examined in the Court. He further submits that co-accused, Nisar has been granted bail by this Court vide order dated 24.5.2023 passed in Criminal Misc. Bail Application No.14372 of 2022.Accused-applicant has been in jail since 5.9.2019.

¶5Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

¶6Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.

¶7Let applicant Hashim be released on bail in the above case crime number 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) 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 :- 4.7.2023 Rao/- High Court of Judicature at Allahabad, Lucknow Bench