The matter has been convened by the Court through video conferencing.
Heard Shri Jitendra Prakash Mishra, learned counsel for the applicant as well as Shri Aniruddh Kumar Singh, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.344 of 2012, under Sections 363, 366 & 376 I.P.C., Police Station - Pali, District - Hardoi with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person, he has no criminal antecedents and is in jail since 25.02.2021.
It is further submitted on behalf of the applicant that the applicant has been falsely implicated in the present case. He further submitted that after investigation, charge sheet was filed by the Investigating Officer on 31.08.2012. In the meantime, bail was granted to the applicant by this Court vide order dated 19.12.2012 in Bail Application No.8026 of 2012. He further submitted that the applicant is the only earning member of his family and on the assurance of his counsel he went out for employment, but due to poor pairavi of his case by his counsel, warrant was issued to the applicant on 22.09.2015 and the applicant was not aware of it. Thereafter, the applicant was taken into custody.
Learned counsel for the applicant has further submitted that the case was committed to the court of Session and registered as Sessions Trial No.340 of 2013. He further submitted that the statement of prosecutrix and other witnesses was also recorded, and there is no possibility for tampering of any evidence. He further submitted that due to wrong advice of his counsel, the applicant went out for employment and as such there was no intention to flout any order or command of trial court. He also undertakes that the applicant will appear on each and every date before the trial court till the conclusion of the trial. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that a warrant dated 22.09.2015 was issued against the applicant due to his non presence before the trial court and thereafter, he was taken into custody on 25.02.2021, but he conceded the fact that number of witnesses have been examined by the trial court.
Considering the rival submissions of learned counsel for parties, material available on record as well as considering the present circumstances when the Covid-19 Pandemic is spreading and most of the witnesses have been examined by the trial court, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Deepak Tiwari @ Lalla - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 13.5.2021 S. Shivhare