1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No.38 of 2020, under Section 395, 397 I.P.C. Police Station Itaunja, District Lucknow.
3. Submission of learned counsel for the applicant is that First Information Report was lodged against unnamed persons which has come up in the knowledge during investigation on the basis of statement that one Sajid. It has further been submitted that co-accused Sajid had also moved the bail application before this Court and the same has been allowed vide order dated 21.01.2021 in Bail Application No. 9688 of 2020 in Case Crime No. 38 of 2020, at Police Station Itaunja, District Lucknow.
4. It has also been stated that recovery has been made from the applicant and all the allegations are false and frivolous.
5. Learned A.G.A. has stated that that applicant has a criminal history of two cases. The counsel for the applicant has submitted that he has explained the criminal history in paragraph No.11 of the application, wherein in both the cases being Case Crime No. 24 of 2021 under Section 307, 411 I.P.C. Police Station Itajuna, District Lucknow and Case Crime No. 25 of 2021, under Section 3, 25 Arms Act, Police Station Itaunja, District Lucknow has been lodged at the behest of the police party, who allegedly went to apprehend the applicant.
6. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
7. I have considered the learned counsel for the parties and also perused the record. Looking into the fact that the applicant has been named in the said case on the basis of statement made by the co-accused Sajid who himself has been granted bail coupled with the fact that no material has been recovered from the applicant.
8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
9. Let applicant Anil @ Anil Singh Hada be released on bail in pursuance to the First Information Report registered as Case Crime No.38 of 2020, under Section 395, 397 I.P.C. Police Station Itaunja, District Lucknow on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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.
10. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
11. The application stands disposed of.
12. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (preferably Adhar Card) mentioning the mobile number to which the said Adhar Card is linked before the concerned Court/Authority/Official.
13. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 28.4.2021 A.K. Singh (Alok Mathur, J.)