Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45337 of 2019 Applicant :- Ajay Pathak And 02 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard learned counsel for the parties and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants, seeking enlargement on bail during the trial in connection with Crime No.144 of 2019 under Sections 411, 413, 419, 420, 467, 468, 471 of IPC, Police Station Sarpathan, District Jaunpur.
As per prosecution case, from the joint possession of the applicants, seven motorcycles have been seized and all those motorcycles were stolen property. Further case of the prosecution is that number plates of certain vehicles were changed by the applicants.
Learned counsel for the applicants submits that the applicants have been falsely implicated by the police and the motorcycles, which they were riding, belong to them. He submits that the applicants have no past serious criminal record. It has been further argued that the applicants are in jail since 29.8.2019; trial may take sometime for its final disposal and, therefore, they be released on bail.
On the other hand, learned AGA opposes the bail application.
Considering the totality of the case, in particular the nature of allegations against the applicants, without further commenting on merit, I am inclined to release the applicants on bail.
Let applicants, namely, Ajay Pathak, Shivam alias Luttur and Kallu Harijan be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs) each 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 applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under section 229-a IPC.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr PC, may be issued and if 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 I.P.C.
(iv) The applicants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr PC. 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicants.
(vi) The applicants shall report to the concerned police on every last Sunday of the month for a period of one year.
However, it is made clear that any willful violation of above conditions by the applicants, shall have serious repercussion on them bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 28.11.2019 RKK/-