Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39002 of 2021 Applicant :- Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 146 of 2021 under Sections 380, 411 IPC, Police Station - Kotwali Dehat, District - Bijnor with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 08.07.2021 and the incident is alleged to have taken place on the same day in evening at about 4:50 P.M. It was mentioned in the FIR by the complainant Faisal that the present accused came at the jewelry shop of the complainant and desired to purchase ring. A packet of ten rings was shown by the complainant and became busy to give articles to other customers. In the meanwhile, the present applicant lifted the packet of the rings from counter and began to go with fast steps towards the road. When the complainant saw this, he raised the alaram and the present accused was arrested with the help of complainant's elder brother Shueb and Danish both sons of Barkat Ali. The matter was reported to the police.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that no proper identification of the recovered article or that of the accused was done by the police. The alleged recovery is fake and false, as there is no public witness of the same nor there is any evidence of any customer present in shop. It is also argued that the alleged offence is triable by the court of the Magistrate. Lastly, it is argued that the applicant is in jail since 09.07.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that no identification parade was conducted by the police to identify the article or the accused, considering that the offence is triable by the Magistrate and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Ahmad involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 25.10.2021 LBY