Heard learned counsel for the applicant and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicant, who is involved in Case Crime No.25 of 2021, under Sections 3 and 25 of the Aayudh Adhiniyam, 1959, Police Station Itaunja, District Lucknow Gramin. From perusal of the first information report dated 06.02.2021, it comes out that the applicant was found riding a motorcycle and upon the police authorities trying to stop him, he fired upon the police party. Subsequently, upon forcibly stopping him, one country made pistol (315 bore), one empty cartridge and two live cartridges were recovered from his possession.
Learned counsel for the applicant contends that the entire episode is fabricated one and there is no question of applicant having fired upon the police party and the incident is a figment of the imagination of the police. Learned counsel for the applicant has also contended that the applicant has been confined in jail since 06.02.2021.
On the other hand, learned AGA has opposed the bail application.
Having heard learned counsel for the parties and having perused the records what comes out from perusal of the first information report is that the applicant is said to have fired on the police party and despite firing still two live cartridges and one country made pistol were recovered from his possession. Even otherwise, the applicant is in jail since 06.02.2021. It has also been submitted that the applicant has unnecessarily been roped in the entire incident and he is innocent. Considering the aforesaid facts and the fact of the applicant being in jail since 06.02.2021 and considering the fact of the present COVID-19 situation prevailing in the State, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Anil @ Anil Singh Hada, involved in the aforesaid crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 21.5.2021 A. Katiyar