Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26750 of 2021 Applicant :- Bhuri Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- Mahendra Tripathi
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant Bhuri Singh, who is involved in Case Crime No. 178-A of 2014, under sections 147, 148, 149, 307, 323, 504 IPC, police station Fatehabad, district Agra seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant Kanchan Singh lodged first information report lodged first information report on 10.07.2014 for the offence under sections 148, 149, 307, 323, 504 IPC against seven accused persons, namely, Man Singh, Lakhan Singh, Nawab Singh, Bharat Singh, Kanhi, Sanjay Singh and Bhuri Singh (applicant).
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that after investigation, charge sheet has not been submitted against the applicant and co-accused Man Singh, but they have been summoned by the trial court in exercise of power under section 319 Cr.P.C. vide order dated 29.07.2019. It is next submitted by the learned counsel for the applicant that identically placed co- accused Man Singh has been granted bail by co-ordinate Bench of this Court vide order dated 23.06.2021 passed in Criminal Misc. Bail Application No. 11462 of 2021 and the case of the applicant stands on similar footing to that of co-accused Man Singh, therefore the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 04.01.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute the fact that similarly placed co-accused Man Singh has already been granted bail by co-ordinate Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the applicant that the case of the applicant stands on similar footing to that of co-accused Man Singh, who has already been granted bail by co-ordinate Bench of this Court, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Bhuri Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.7.2021 Sazia Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.27 17:52:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad