1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed under Section 439 Cr.P.C. by the applicant in Case Crime/ FIR No.273 of 2020, under Sections 380, 411 I.P.C., P.S. Aaspur Dewsara, District Pratapgarh.
3. It is alleged that the accused-applicant was caught red handed while he was running away after stealing a mobile phone from the shop of the complainant. The motorcycle recovered from the possession of the accused-applicant was also stolen article. The accused-applicant is in jail since 15.9.2020 and he has no other criminal history.
4. Learned counsel for the accused-applicant submits that the accused-applicant went to get his mobile phone repaired at the shop of the complainant and there some altercation took place and he has been falsely implicated in the present case. He further submits that his parents are not there and he has to look after his physically disable sister.
5. Learned counsel for the State has opposed the bail application.
6. I have considered the submissions advanced by the parties and perused the record.
7. Considering the facts and circumstances of the case and submission advanced on behalf of the accused-applicant that the accused-applicant is in jail since 15.9.2020 and the stolen articles have already been recovered, it would be appropriate to enlarge the accused-applicant on bail.
8. Let applicant Anuj Kankali @ Veeyar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall deposit a sum of Rs.5000/- within a period of five weeks from the date of his release from jail on bail with Awadh Bar Association, Lucknow. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody.
(ii) The applicant 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 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 them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuse 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.
(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 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 :- 2.2.2021 Abhishek Singh