Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25476 of 2021 Applicant :- Ajay Yadav Alias Gulley Opposite Party :- State Of U.P Counsel for Applicant :- Anil Kumar Sharma
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 346 of 2019, under Sections 394, 386, 411 and 506 I.P.C. P.S. Bhathana, District Etawah.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further contended that the alleged incident said to have taken place on 16.10.2019 but no F.I.R. has been lodged against the incident but subsequently again the incident has taken place on 13.11.2019 then the F.I.R. has been lodged on the same day. It is further submitted that as per recovery memo a country made tamancha of 315 bore along with two live cartridge and the amount of Rs. 4320/- have been shown from the possession of the applicant which is false and fabricated by police. It is also submitted that applicant has criminal history of eight cases which has been explained in paragraph No. 13 of this bail application. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 16.11.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Ajay Yadav Alias Gulley, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(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 him, in accordance with law, under Section 174-A IPC.
(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 him 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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021 SY Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.08.13 13:29:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad