Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.102 of 2019, under Sections 379, 411 I.P.C., Police Station - Kotwali Nagar, District - Bahraich.
The occasion of present bail application arisen on rejection of bail plea of applicant by Additional Sessions Judge, Bahraich vide order dated 19.7.2019. A copy of the bail application has already received in the office of G.A.
Learned counsel for the bail applicant admits that the police has assigned several criminal cases against him but in all the cases, he is implicated after his arrest vide recovery memo prepared by the police on 31.3.2019.
Learned counsel for the applicant submits that on information of a reliable source of police, the accused along with the other co-accused was intercepted by the police and allegedly on his disclosure from the place and possession position of co-accused, Ram Samuj several motor cycles were recovered, one of them was subject material of case crime No.102/2019 wherein the theft of motor cycle no. UP-40-L1711, Honda Splendor PRO is reported.
Learned counsel further argues that there is no independent witness of the alleged recovery, on the disclosure of the accused applicant stated in the recovery memo and all the offences assigned by the police only with a view to show the connection of the accused with the offence wherein investigation could not be completed by the police for reasons best known to them.
Learned A.G.A submits that the motor cycle subject to theft was recovered along with other stolen motor cycles from the premises of accused applicant no.2 on his disclosure.
However, learned counsel for the bail applicant submits that the said motor cycles to be recovered which was subject to the theft reported in case crime no.102/2019 was not recovered from the custody and possession of the accused applicant but alleged to be recovered from their disclosure but no independent witness of the recovery is shown.
Learned A.G.A protests the bail applicant and submits that investigation is completed and charge-sheet with regard to applicant accused is sent to the Court.
So far as the involvement of accused is concerned, he has criminal history and police on information of reliable source intercepted the accused applicant and on whose disclosure the motor cycle was recovered along with the other stolen motor cycles from the possession of other co-accused, however, learned counsel for the bail applicant unrebutted that the alleged motor cycle involved in crime regarding theft thereof is not recovered from the possession and custody of the accused.
As such learned counsel for the bail applicant submits that if bail is granted and he is released on bail, he is able to put his defence before the trial, he is a poor person and not in a position to flee away from the judicial process even abide himself from the order and process of the Court and therefore, he may be granted bail.
The purpose of the bail is to ensure the presence of the accused-applicants before the court below for trial so that a fair participation to the accused may be provided and trial may be concluded in fair, proper and just manner.
Considering the facts and circumstances of the case, perusing the record, considering the nature of allegations, arguments advanced by learned counsel for the parties and looking into the complicity of the applicant accused in the offence, the gravity of offence, severity of punishment without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Anish @ Chotu & Atiullah) involved in Case Crime No.61 of 2019, under Sections 379, 411, 427 I.P.C., Police Station - Risiya, District - Bahraich, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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.
Order Date :- 27.9.2019 Gaurav/-