Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
Learned Counsel for the applicants has submitted that the applicants are innocent and they have been falsely implicated in this case. The applicants have not committed any offence as alleged in the FIR. The charge-sheet has already been filed on 16.02.2021. They have no previous criminal history. He is roped with four cases as explained in paragraph 7 of the affidavit filed along with bail application. The applicants are in jail since 30.01.2021. The other co-accused, namely, Rakesh has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 30.04.2021 passed in Bail No.4485 of 2021. He submitted that there is no independent witness of the alleged recovery. The FIR was also lodged against the unknown persons.
There is no allegation with regard to non-cooperation with the investigating agency. In case, the applicants are released on bail, they will appear before the trial court as and when requires and shall also abide by the conditions of bail imposed by this Court.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Without entering into the merits of the case and keeping in view the facts and circumstances of the case, arguments advanced by learned Counsel for the parties, the period of incarceration and also there is no reason of apprehension that they would not co-operate with the trial, their presence can not be ensured, they will not abscond, they will not tamper with the prosecution witnesses and the evidence in absence of any concrete material, and also the fact that the investigation has already been completed and the charge-sheet has been filed, maximum punishment under the offences is up to 7 years, I am inclined that it is a fit case for grant of bail to the applicant.
Accordingly, the bail application is allowed.
Let the applicants- Bhupendra Singh @ Deepu & Kamlesh Kumar be released on bail in Case Crime No.14 of 2021, under Sections 457, 380, 411 IPC, Police Station- Kakori, District- Lucknow on their furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence, if 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;
(2) 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;
(3). In case, the applicants misuses the liberty of bail 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.
(4) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
Order Date :- 16.8.2021 Ashutosh Pandey