Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13712 of 2021 Applicant :- Aale Hasan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 285 of 2020, under Sections 379 and 411 IPC, Police Station Amarpur, District Kasganj with the prayer to enlarge them on bail.
It is submitted by learned counsel for the applicants that the applicants are not named in the FIR. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is further submitted that the applicants are languishing in jail since 3.1.2021. Criminal history of the applicants have properly been explained in the affidavit filed in support of the bail application.
Learned A.G.A. has opposed the prayer for grant of bail to the applicants, but could not point out anything material to the contrary. It is submitted that the applicants have criminal history of five cases.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail. Hence, the bail application is hereby allowed.
Let applicants Aale Hasan and Geetam be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants 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.
(iii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicants 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 applicants 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 them in accordance with law.
(vi) In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicants may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 7.4.2021 Jaswant