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, the applicant Chhotu Saha, who is involved in Case Crime No. 178 of 2020, under Sections 4/5 Explosive Act, police station Jahanabad, district Fatehpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per the prosecution version, two country made bombs one wrapped with sutli and another wrapped with newspaper are said to have been recovered from the black polythene inside the white plastic bag, which was carrying by the applicant in his right hand. The submission of learned counsel for the applicant is that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive by the police. There is no independent public witness of the aforesaid recovery of explosive substance, therefore, possibility of false implication of the applicant in a crime cannot be ruled out. It is further submitted by learned counsel for the applicant that the applicant has a criminal antecedent of two cases to his credit, in which he has already been enlarged on bail and the same have properly been explained in paragraph No. 12 of the affidavit filed in support of the application, copy of bail orders have been produced by the learned counsel for the applicant, which is placed on record. It is pointed out that in this case the Investigation Officer has submitted charge sheet and averment in this regard has been mentioned in the counter affidavit of the State. 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. It is also submitted that the applicant is facing detention since 27.8.2020. 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 A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Chotu Saha involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(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 :- 18.2.2021 Sumaira