Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Sri Chandan Agrawal, learned counsel appearing for the opposite party no.2. Perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 11 of 2020, under Sections 136 and 137 of Indian Electricity Act (Amendment), 2003, Police Station Nanauta, District Saharanpur during the pendency of trial.
It is submitted by learned counsel for the applicant that on 14.01.2020 Junior Engineer of Electricity Department lodged FIR against one known person with regard to theft of 250 KVA transformer. Subsequently, in the investigation, name of Gaurav, Sachin, Anuj, Mohan, Ravi and Aas Kiran (applicant) came into light. It is also submitted that some parts of transformer has been recovered from a Scorpio Car which was occupied by Gaurav, Sachin, Anuj, Mohan Ravi and applicant. Applicant is not owner of the aforesaid vehicle and there is no recovery from the exclusive possession of the applicant except Rs.210/-.
It is further submitted by learned counsel for the applicant that co-accused Gaurav and Ravi have been granted bail by co-ordinate Bench of this Court vide orders dated 06.10.2020 and 18.03.2020 passed in Criminal Misc. Bail Application No.30386 of 2020 and Criminal Misc. Bail Application No.10103 of 2020. The case of present applicant stands on similar footing to that of co-accused Gaurav and Ravi, therefore, the applicant is also entitled to be released on bail on the ground of parity.
It is pointed out that apart from six case, applicant has criminal history of 12 case in which he has already been granted bail. It is also pointed out that prior to lodging of FIR dated 14.01.2020 applicant has criminal history of nine case in which he has been granted bail and after implicating the applicant in the present case, he has been further implicated in three other case. Applicant is jail since 21.07.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate and Sri Chandan Agrawal, learned counsel appearing on behalf of opposite party no.2 have opposed the bail prayer of the applicant by contending that applicant is habitual offender but they could not dispute the aforesaid fact that co-accused have already been released on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Aas Kiran be released on bail in the aforesaid case crime number on 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 file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is 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 said in this order.
Order Date :- 27.1.2021 P.S.Parihar