The present bail application has been filed on behalf of the accused/applicant in Case Crime No. 39 of 2021, under Sections 60, 60 (2) of Excise Act and Section 272 IPC, Police Station Kauriya Bazar, District Gonda, with the prayer to enlarge him on bail.
Heard Mr Alok Srivastava, learned counsel for the accused/applicant and Mr. Ajay Kumar Srivastava, learned A.G.A. appearing on behalf of the State through Video Conferencing in view of Covid-19 pandemic.
It is submitted by the learned counsel for the accused/applicant that the accused/applicant is innocent and has falsely been implicated in the case. False recovery has been shown from the possession of the accused/applicant and there is no independent witness of the alleged recovery. The accused/applicant is languishing in jail since 11.03.2021, as such, the accused/applicant should be enlarged on bail.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application of the accused/applicant and submitted that there is criminal history of five cases against the accused/applicant, which is similar in nature, as such, he should not be enlarged on bail.
Considered the rival submissions and perused the record.
Considering all the facts and circumstances of the case, it appears just to enlarge the accused/applicant on bail.
Let the applicant Awadh Raj @ Nadu involved in Case Crime No. 39 of 2021, under Sections 60, 60 (2) of Excise Act and Section 272 IPC, Police Station Kauriya Bazar, District Gonda, 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;
(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.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 28.5.2021 Arun