Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43406 of 2021 Applicant :- Brajesh Pandit Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Singh,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sandeep Kumar Singh, learned counsel for the applicant and Sri Raj Kumar Gupta, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Brajesh Pandit, seeking enlargement on bail during trial in connection with Case Crime No.648 of 2021, under Sections 420, 467, 468, 471, 472, 272, 273 I.P.C. and Section 60/63 Excise Act, registered at Police Station Baghpat, District Baghpat.
As per FIR the allegation in so far the applicant is concerned is that a police team and swat team were conducting the joint operation and a vehicle standing on the side of the road was checked in which on the driving seat one person was found sitting who disclosed his name Sanjeet Kumar and there was one person sitting by his side on the next seat who disclosed his name Brajesh Pandit, the present applicant. From the possession of the Sanjeet Kumar, Rs.4,400/- in cash and an Apple I Phone were recovered whereas from the possession of the applicant, Rs.700/- and a Samsung phone was recovered. From the said vehicle, there were rappers recovered in bundles and also a dye plate was recovered.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the applicant was only sitting in the vehicle in question and he has no concern with the said vehicle. The applicant is the worker in the printing press of Sanjeet Kumar in the name of Artista Graphics situated in NOIDA. It is further argued that co-accused Chotey Khan has been granted bail by coordinate Bench of this Court vide order dated 6.10.2021 passed in Criminal Misc. Bail Application No.35192 of 2021, copy of the same produced by learned counsel for the applicant is taken on record. The role assigned to the applicant was only of sitting in the vehicle which was apprehended and certain rappers along with dye were recovered. It has also been pointed out that the applicant is not having any criminal history as stated in para 12 of the affidavit. The applicant is in jail since 12.07.2021.
Per contra learned counsel for the State opposed the prayer for bail and argued that the applicant was apprehended from the vehicle in question from which rappers and dye were recovered, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant was found sitting in the vehicle from which certain rappers and dye were recovered. No incriminating articles were recovered from the possession of the applicant. The vehicle in question does not belong to the applicant.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Brajesh Pandit, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.
(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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 28.10.2021 Gaurav