Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25171 of 2021 Applicant :- Ajeej Nat @Bahira @Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Dharm Jeet Singh
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 736 of 2020, S.S.T. No. 138 of 2021, under Sections 395, 342, 412 IPC, P.S. Gagaha, District Gorakhpur.
Learned counsel for the applicant submits that initially Case was registered under Sections 395, 342, 376, 354 IPC and 3/4 POCSO Act but applicant has been charge sheeted for the offence under Section 395, 392 and 412 IPC. Role of applicant and role of co-accused Suneel Yadav Urf Sunny, Rahul Alias Kariya Alias Jumrati, and Vishnu Dev is identical. Co-accused have been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.6917, 20523 and 17455 of 2021 vide orders dated 06.04.2021, 25.05.2021 and 01.06.2021 respectively, therefore, on the ground of parity applicant is entitled for bail. He further submits that subsequent to the present FIR Case Crime No. 176 of 201 has also been lodged against the applicant. Applicant has criminal history of three cases, which is explained in para 16 of the affidavit filed in support of bail application. He also submits that 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, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that Case Crime No.176 of 2021 is also registered against the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, identical role of applicant and co-accused and enlargement of co-accused on bail, registration of case under Gangster Act after the present case and perusing the materials on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Ajeej Nat @ Bahira @ Raju involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 12.8.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.08.13 11:31:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad