Sanjay Pal @ Monu v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko

Court No. - 8 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5311 of 2023 Applicant :- Sanjay Pal @ Monu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Vinod Kumar Singh, learned counsel for the accused-applicant, as well as Mr. Bhanu Pratap Singh, learned Additional Government Advocate, on this 2nd application for bail, and gone through the entire record. The earlier bail application of the accused-applicant is said to have been rejected by this Court vide order dated 29.09.2022 passed in Criminal Misc. Bail Application No.11238 of 2022.

¶2By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0697 of 2022, under Sections 304 and 109 IPC lodged at Police Station Kotwali, District Barabanki.

¶3The accused-applicant is a drug paddler; he used to sell drugs; the deceased, after consuming drug, has died; some recovery of drugs has been effected from the accused-applicant; because of the drugs sold by the accused-applicant to the deceased, the deceased died; a young promising doctor has lost his life by consuming drugs sold by the accused-applicant.

¶4It is submitted by the learned counsel for the accused-applicant that the accused-applicant has been languishing in jail since 16.07.2022. It is further submitted that there is no other criminal antecedent to the credit of the accused-applicant.

¶5Considering and submission advanced by the learned counsel for the accused-applicant and without commenting upon merit of the case, I find it to be a fit case for enlarging the accused-applicant on bail, who is in jail since 16.07.2022.

¶6Let applicant-Sanjay Pal alias Monu, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

(iv) the applicant(s) 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. [D.K. SINGH, J.] Order Date :- 6.7.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench