Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 189 of 2021 Applicant :- Ajay Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Avinash Pandey, learned counsel for the applicant and learned A.G.A. for State.
2. Perused the record.
3. Instant bail application has been filed by applicant-Ajay seeking his enlargement on bail in Case Crime No. 591 of 2020 under Sections 414 and 420 I.P.C., Police Station- Gangoh, District- Saharanpur, during pendency of trial.
3. It transpires from record that in respect of an incident which is alleged to have occurred on 17.10.2020, an F.I.R. dated 18.10.2020 was lodged by first informant S. I. Vinit Malik and was registered as Case Crime No. 0591 of 2020 under Sections 379, 411, 414 and 420 I.P.C., Police Station- Gangoh, District- Saharanpur. In the aforesaid F.I.R., five persons namely Shankar, Vijay @ Khoota, Ajay (applicant herein), Sandeep and Tahir have been nominated as named accused.
4. As per prosecution story as unfolded in the F.I.R., it is alleged that from the possession of applicant and his associates illegal weapons and motorcycles have been recovered.
5. Learned counsel for applicant submits that applicant is innocent. He has been falsely implicated in above mentioned case crime number on account of police rivalry. Applicant is languishing in jail since 18.10.2020. Allegations made in the F.I.R. are false and concocted. There is no independent witness of recovery. As such recovery is doubtful. Offence complained of is triable by Magistrate. Some of the recovered motorcycles relates to other criminal case in which applicant has already been enlarged in bail. Copy of the bail order has been annexed as annexure-2 to the affidavit filed in support of the bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that, applicant is liable to be enlarged on bail.
6. Learned A.G.A. has opposed the prayer for bail.
7. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
8. Accordingly bail application is allowed.
9. Let applicant-Ajay 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 she 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under section 229-A I.P.C.
(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., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.
(iv) The applicant 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.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 her 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 applicant.
10 .However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on her 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 :- 6.1.2021 YK