Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41969 of 2021 Applicant :- Brijesh Agrahari And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.,Shamim Ahmad Ansari
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri N.I. Jafri, learned Senior Counsel assisted by Ms. Haya Rizvi, learned counsel for the applicants, Sri Shamim Ahmad Ansari, learned counsel for the informant as well as 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 applicants seeking enlargement on bail in Case Crime No. 058 of 2021, under Sections 419, 420, 467, 468, 471, 120-B, 272, 273 IPC and Section 60A U.P.
Excise Act, at Police Station Pawai, District Azamgarh.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case. It has further been submitted that the applicants have not committed any offence and they are not named in the FIR. It has further submitted that the applicants are neither the owner of the shop nor any licensee holder, they are simply labourer and have no concern with the alleged incident. It has been further submitted that the name of the applicants came into light in the confessional statement of Ajay Kumar Yadav alias Suddu Yadav, who has already been granted bail by a co- ordinate Bench of this Court vide order dated 25.08.2021 passed in Criminal Misc. Bail Application No.26064 of 2021. It is also submitted that the other co-accused, namely, Durg Vijay Singh, Sanjay Kumar Soni, Avinash Prasad, Ranjeet Yadav have been granted bail by co-ordinate Benches of this Court vide orders dated 08.10.2021, 28.10.2021, 19.07.2021, 23.09.2021 passed in Criminal Misc. Bail Application Nos. 34891 of 2021, 43919 of 2021, 23329 of 2021, 35638 of 2021 respectively. It has further submitted that the applicants have criminal history of four cases, which has been explained in the affidavit filed in support of bail application as well as in the rejoinder affidavit. Lastly, it has been submitted that in case the applicants are released on bail, they will not misuse the liberty of bail. The applicants are in jail since 21.05.2021 and 14.05.2021 respectively.
On the other hand, learned counsel for the informant as well as learned A.G.A. opposed 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 applicants Brijesh Agrahari and Rajesh Agrahari, who are involved in aforementioned case crime be released on bail on their 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 applicants shall file an undertaking to the effect that they 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.
(ii) 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 IPC.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if 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 IPC.
(iv) The applicants 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 applicants are 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 them in accordance with law.
(v) 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 applicants.
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 applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses.
Order Date :- 23.12.2021 Nitendra