Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.44 of 2020, under Sections 420, 467, 468, 471 I.P.C. & Section 207 M.V. Act & Sections 65, 66D, 72 I.T. Act, Police Station Vibhuti Khand, District Lucknow with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and he is in jail since 23.01.2020.
It is further submitted on behalf of the applicant that applicant has been falsely implicated in the present case only on the ground that he was accompanying in the vehicle of co-accused. He further submitted that earlier, the applicant was implicated in Case Crime No.413 of 2019, under Sections 41, 411, 419, 420, 467, 468, 471, P.S. Kotwali Nagar, District Pratapgarh and Case Crime No.408 of 2019, under Sections 147, 148, 149, 307, 323, 324, 504, 506, 286 I.P.C., P.S. Kotwali Nagar, District Pratapgarh and in all the aforesaid cases, he is on bail. He further submitted that the co-accused persons namely Mohd. Aziz Ahmad @ Munna & Sanjay Yadav have been granted bail by this Court in Bail Application Nos.2217 of 2020 & 2725 of 2020 respectively. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the applicant is having criminal antecedents, but he conceded the fact that applicant is on bail in all the cases and also conceded the fact that in the present case, the informant is a police officer and the applicant was sitting in the vehicle along with the other co-accused persons, who have already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Anand Singh @ Sohan Singh - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Trial court is directed to conclude the trial expeditiously, in accordance with law, without giving any unnecessary adjournments to either of the parties.
Order Date :- 11.1.2021 S. Shivhare