Rajan Goswami v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13023 of 2023 Applicant :- Rajan Goswami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Ms. Priyanka Pandey, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.246 of 2023 under Section 147, 148, 149, 323, 325, 304, 504, 506 IPC, PS Wajeerganj, district Gonda.

¶3Learned counsel for the applicant has submitted that co-accused Ramawati has been granted bail on 21.9.2023 by this Court in Crl. Misc. Bail Application No.11375 of 2023 contained in Annexure No.7 to the bail application. He has further submitted that co-accused Shubham Goswami has also been granted bail by this Court on 1.11.2023 in Crl. Misc. Bail Application No.12891 of 2023, copy of bail order has been produced by the learned counsel for the applicant. Learned counsel for the applicant has submitted that he is adopting the grounds and arguments as have been taken in the case of co-accused. He has further submitted that the case of the applicant is at par with the co-accused. He has submitted that the applicant is in Jail since 10.7.2023.

¶4Learned A.G.A. opposed the prayer for bail but could not dispute the fact that the co-accused have been granted bail and the case of the applicant is at par with the co-accused.

¶5Considering over all facts and circumstances of the case, the argument that the case of the applicant is at par with the co-accused who have been granted bail, it is a fit case for bail.

¶6Let the applicant, Rajan Goswami 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.

¶7It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 3.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench