Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23679 of 2021 Applicant :- Ajeet Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.
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. 47 of 2021, under Section 394, 411 IPC, P.S. Kotwali, District Mainpuri.
Learned counsel for the applicant submits that on 16.01.2021 Rs.90,000/- was snatched by four miscreants. He further submits that on 29.01.2021 co-accused Ajeet and Anil Kumar have been arrested and recovery of Rs. 25,000/- from each has been shown and both have been implicated in this case. He also submits that co-accused Anil Kumar were enlarged on bail in Criminal Misc. Bail Application No. 25007 of 2021 vide order dated 16.07.2021, therefore, on the ground of parity applicant is entitled for bail. Applicant has criminal history of six cases and in all cases he has been enlarged on bail, which is explained in para 2 of the supplementary affidavit. He next 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 29.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, case of applicant and co-accused Anil Kumar being similar, enlargement of co-accused Anil Kumar on bail and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Ajeet Kumar 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 11:31:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad