1. Heard learned counsel for the accused-applicants as well as learned Additional Government Advocate and gone through the entire record.
2. By means of these applications under Section 439 CrPC, the accused-applicants seek bail in FIR No.01 of 2020, under Sections 420, 467, 468, 471 and 120-B IPC, Sections 66 and 66(C) I.T. Act, Section 4/21 Mines & Minerals (Reg. & Dev.) Act, 1957, Section 3/57/70 of the U.P. Minor Mineral (Concession) Rules and Section 3/5 of the Prevention of Damage to Public Property Act, 1984 lodged at Police Station Cyber Crime, District Lucknow.
3. Both the accused-applicants are real brothers; allegations against them are that they used to take out proforma of eMM 11 and sell them to the lease-holders. It is alleged that the loss to the State Exchequer is around Rs.3,000/- per truck and, the total loss per year would be Rs.114 Crores in respect of illegal transportation of the mines and minerals by generating fabricated eMM 11. Charge-sheet has already been filed.
4. Mr. Dilip Mani, learned counsel for the accused-applicants, submits that the accused-applicants are real brothers; they are students; their father and uncle are having a 'Jan Suchana Kendras'; their uncle has been granted bail, but father is still in jail; they accused-applicants may be enlarged on bail by putting them under some financial burden as a condition precedent, without prejudice to their rights and contentions in trial; they have no criminal history except the present case; they have been languishing in jail since 03/04.10.2020.
5. Considering the submissions made by the learned counsel for the accused-applicants and without entering into merit of the case, I find it to be a fit case for grant of bail.
6. Let applicants-Ankit Kesari and Vishal Kesari, accused of above-mentioned FIR/crime number, be released on bail on each of them furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) each of the applicant shall deposit a sum of Rs.50,000/- with the Chief Minister's Relief Fund, Uttar Pradesh within a period of four weeks from the date of their release from jail, which shall be disbursed to the families of the two martyrs who have been killed by Maoists in border of Bijapur-Sukma district, Chhattisgarh, namely, Head Constable Raj Kumar Yadav of District Ayodhya (U.P.) and Constable Dharmdev Kumar of District Chandauli, U.P., belong to CoBRA (210 battalion) CRPF. In case, the applicants fail to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicants shall be taken into custody forthwith.
(ii) The applicants shall file an undertaking to the effect that they 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.
(iii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicants 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 applicants 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 them in accordance with law.
Let a copy of this order be sent to the Principal Secretary, Chief Minister, Uttar Pradesh for necessary compliance.
[D.K.Singh,J.] Order Date :- 6.4.2021 MVS/-