1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.36/2020, under Sections - 379, 411, 420, 467, 468 IPC, Police Station - Peeperpur, District - Amethi.
3. It is alleged that from the possession of the accused and other co-accused one motorcycle subject matter of the FIR in question and three other motorcycles besides countrymade pistol etc. were recovered. The accused-applicant has criminal history of one case.
4. Learned counsel for the accused-applicant submits that co-accused Lalu Prasad Saroj has been granted bail by this Court vide order dated 18.12.2020, passed in Bail Application No.10883/2020. He, therefore, submits that since the role of the present accused-applicant is identical to that on Lalu Prasad Sarod and therefore, he should also be enlarged on bail.
5. On the other hand, learned Additional Government Advocate has opposed the bail application and submitted that the auto-lifting business is prevailing in the entire country. From the possession of the accused-applicant and other co-accused four motorcycles and illegal arms were recovered.
6. I have considered the submissions advanced by the learned counsel for the parties. Accused-applicant is in jail since April, 2020. The cases registered against him are of year 2020.
7. Considering the submissions advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, and the fact that the co-accused has been granted bail, it would be appropriate to enlarge the accused on bail after putting some financial burden on him.
8. Let applicant - Chander Giri @ Chandan Giri be released on bail in the aforesaid case on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The accusd-applicant shall deposit a sum of Rs.35,000/- in the account of Chief Minister's Distress Relief Fund-COVID Care Fund, U.P. within a period of five weeks from the date of his release and submit a receipt thereof before the trial court. In case of failure to deposit the aforesaid amount within the stipulated period, his bail shall be treated to have been cancelled and he shall be taken into custody forthwith.
(ii) The applicant shall file an undertaking to the effect that she 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 her in accordance with law.
Order Date :- 11.1.2021 mks