Subhash Chandra Agarwal - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State and perused the record.
(2.) THIS is an application under Section 439 (1) (b), Cr. P.C. for setting aside the conditions imposed by Addl. Sessions Judge, Court No. 1, Azamgarh in granting the bail to the applicant by order dated 7.3.2009, passed on Bail Application No. 347 of 2009, Abdul Khalik v. State of U. P., in Case Crime No. 1079 of 2008 under Sections 307, 323, 504 and 506, I.P.C., P. S. Kotwali, Deo Gaon, District Azamgarh. In brief the facts of the case are that the applicant Abdul Khalik was an accused in Case Crime No. 1079 of 2008 under Sections 307, 323, 504 and 506, I.P.C., P. S. Kotwali Deo Gaon, District Azamgarh. He applied for bail and the bail was granted to him by order dated 7.3.2009, passed by the Addl. Sessions Judge, Court No. 1, Azamgarh on furnishing two sureties in the sum of Rs. 20,000 and a personal bond in the like amount on the conditions that he will deposit his passport with the concerned Magistrate and shall give an undertaking that he shall be present on each date of hearing and shall not go to a foreign country without seeking permission of the Court. Against these conditions for bail the present application under Section 439 (1) (b), Cr. P.C. has been filed. It is submitted by learned counsel for the applicant that the conditions imposed by the learned Addl. Sessions Judge are unjustified, harsh, onerous and unnecessarily curtail the right of the applicant to earn his livelihood. It is further submitted that the applicant is a permanent resident of village Khataili Khurd, P. S. Deo Gaon, District Azamgarh and for the last 29 years the applicant is working as a driver in Saudi Arab. It is further submitted that the passport of the applicant is going to expire on 14.6.2009 and is required to be returned to the applicant for getting its renewal from the passport authorities and that the applicant needs to go to Saudi Arab to earn his livelihood and he would be attending the Court as and when required. It is further submitted that an application for permission to go abroad was moved by the applicant before the Magistrate, which was rejected on the ground that the case is triable by the Court of Session. It has been prayed that the conditions imposed by Addl. Sessions Judge be removed or modified to enable the applicant to go to Saudi Arab.
(3.) PER contra learned A.G.A. submits that the conditions imposed by learned Addl. Sessions Judge are reasonable and have been imposed with a view to ensure the presence of the applicant at the time of trial and if the applicant is permitted to go abroad, he might abscond. Learned counsel for the applicant has placed reliance on the case of Munish Bhasin and others v. State (Government of N.C.T. of Delhi) and another, JT 2009 (3) SC 604, in which the matter before the Hon'ble Supreme Court was that the High Court of Delhi while granting bail to the accused had imposed the conditions that the accused shall surrender his passport to the Investigating Officer and shall file affidavit in the Court that they would not move the country without permission of the Court. The accused were also directed to pay Rs. 12,500 per month by way of maintenance to the wife and the child.;