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Bablu vs State Of U P

High Court Of Judicature at Allahabad|18 May, 2021
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JUDGMENT / ORDER

Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16867 of 2021 Applicant :- Bablu Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No.266 of 2019, under Sections 420, 467, 468 & 471 IPC at Police Station Shikohabad, District Firozabad.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on false facts. The incident took place on 26.05.2018 whereas the first information report has been lodged on 26.03.2019. Allegation against the applicant is that he had executed a sale deed in favour of informant after taking sale consideration of Rs.3 lakh. The investigating officer recorded statement of informant in which she has stated that in the aforesaid sale deed, one Trimohan and her husband were the witnesses. She paid sale consideration to the applicant on being told by Trimohan and Trimohan got prepared Aadhar Card of applicant in the name of Sri Krishna, the real owner of land in question. He further submits that neither the applicant procured any document with the purpose to execute sale deed nor he was instructed by Trimohan to put signature on the sale deed in the name of Sri Krishna. He further submits that applicant has no role in the entire episode and he has been falsely implicated in the present case. He further submits that applicant is having no criminal history and in case he will be released on bail, he will not misuse the liberty of bail. The applicant is in jail since 21.01.2021.
Learned counsel for the applicant lastly submits that the applicant is ready to make payment of Rs.3 lakh through demand draft to the informant before the Chief Judicial Magistrate concerned within a period of one month from today.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Bablu, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL SUBMIT A DEMAND DRAFT OF RS.3 LAKH IN FAVOUR OF INFORMANT BEFORE THE CHIEF JUDICIAL MAGISTRATE CONCERNED WITHIN A PERIOD OF ONE MONTH AFTER HIS RELEASE.
(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 HIM UNDER SECTION 229-A IPC.
(iv) 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., MAY BE ISSUED AND IF 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 IPC.
(v) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(vi) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. 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 :- 18.5.2021 Ajeet
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Title

Bablu vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 May, 2021
Judges
  • Shekhar Kumar Yadav
Advocates
  • Akhilendra Yadav