Amit Singh @ Guddu Singh v. State of U.P. Thru. Prin. Secy. Civil Secrt. Deptt. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4435 of 2023 Applicant :- Amit Singh @ Guddu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrt. Deptt. Home Lko. Counsel for Applicant :- Rashmi Singh,Sandeep Tewari,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Counter afÏdavit filed by learned AGA is taken on record.

¶2Heard learned counsel for the applicant, Shri G.D. Bhatt, learned AGA-I for the State and perused the record.

¶3The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.156 of 2014, under Sections 302, 394 I.P.C., Police Station Kotwali Beekapur, District Faizabad/Ayodhya.

¶4It is contended by learned counsel for the applicant that the applicant was granted bail on 30.08.2017 and thereafter he was implicated in many other cases and now he is in jail since 23.12.2022. Earlier also, the applicant was detained in jail in several criminal cases lodged against him on account of which he could not appear before the Court below in Case crime No.156 of 2014 as such non-bailable warrant was issued against him on

08.1.2023 in the present case in pursuance of which he is in jail since 23.12.2023. Learned counsel contended that the applicant will not misuse the liberty of bail and he will appear before the court below without taking adjournment.

¶5Learned AGA opposed the prayer for bail and submitted that the applicant has misused the liberty of bail granted by this Court and he is involved in other criminal cases also as such bail application is liable to be rejected.

¶6Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and considering the argument that the applicant will not take any adjournment ; argument that the applicant is in jail since 23.12.2022, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶7Let the applicant, Amit Singh @ Guddu Singh, 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 sufÏcient 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 sufÏcient 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.

¶8It 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 :- 5.12.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench