Munnilal v. Stat of U.P. Thru. Prin. Secy. Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13138 of 2024 Applicant :- Munnilal Opposite Party :- Stat Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vinay Kumar,Ravindra Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

¶1Heard Sri Ravindra Pandey, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State.

¶2Learned counsel for the applicant has filed supplementary affidavit, same is taken on record.

¶3It has been contended by the learned counsel for the applicant that the applicant is in jail since 16.10.2024 in Case Crime no. 59 of 1999 u/s 302 IPC, P.S. Kotwali Akbarpur, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

¶4Learned counsel for the applicant has stated that the present applicant is an old aged person of 70 years and has been enlarged on bail in the same crime case by the learned trial court on 3.4.1999 (Annexure no. 2). Thereafter he was participating in the trial proceedings, however, due to improper information of the date of the trial proceedings he could not appear before the learned trial court, resultant thereof the Non-Bailable Warrant has been issued on 6.8.2024. Thereafter he was arrested on

16.10.2024, since then he is in jail. In the supplementary affidavit he has explained the criminal history. Learned counsel has stated that the present applicant undertakes that he shall remain careful to attend the trial proceedings.

¶5The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

¶6Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶7Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that applicant is an old aged person of 70 years and has been enlarged on bail in the same crime case by the learned trial court on 3.4.1999, thereafter he was participating in the trial proceedings, due to improper information of the date of the trial proceedings he could not appear before the learned trial court, in the supplementary affidavit applicant has explained the criminal history, applicant undertakes that he shall remain careful to attend the trial proceedings in future and that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

¶8Bail application is allowed.

¶9Let the applicant Munnilal, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(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.

(v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 19.12.2024 Om High Court of Judicature at Allahabad, Lucknow Bench