Court No. - 87

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 11348 of 2022

Applicant :- Raj Kumar Tyagi

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Yogendra Pal Singh

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh,J.

Heard Sri Yogendra Pal Singh, learned counsel for the accused-

applicant and learned AGA and perused the record.

The present bail application under Section 438 Cr.P.C. has been

filed seeking anticipatory bail in Case Crime No. 734 of 2022

under Sections 384 & 506 IPC and Section 7 of Prevention of

Corruption Act, 1988, Police Station Hapur Nagar, District Hapur.

Sri Kamla Shankar Pathak, learned counsel for complainant

opposed the bail application.

This court vide order dated 14.12.2022 has granted interim

protection to the accused/applicant and there has been provided

that the accused/applicant be enlarged on anticipatory bail till

submission of the police report, if any under Section 173(2)

Cr.P.C.

Charge-sheet is yet to be filed. The interim order dated 14.12.2022

is confirmed and it is provided that accused/applicant shall appear

before the trial court within a period of 10 days from today and

submit personal bond and two sureties each in the like amount to

the satisfaction of the trial Court, if already not filed, on the

following conditions, which are imposed in the interest of justice,

and other conditions, which may be desirable by the learned trial

Court:-

(i) the applicant shall file an undertaking to the effect that they

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 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; and

(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 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.

Order Date :- 13.2.2023

Vijay

Digitally signed by :-

VIJAY KUMAR SAHU

High Court of Judicature at Allahabad