Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35694 of 2021 Applicant :- Dilip Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0172 of 2021 under Sections 364A, 323 IPC, Police Station - Govardhan, District - Mathura with the prayer to enlarge the applicant on bail.
As per the FIR version on 02.04.2021 at about 5:30 P.M. Mahesh Verma went to market but did not return and a phone call was received demanding ransom of Rs. 1 lakh. The matter was reported to the police and the FIR was lodged against some unknown persons. The name of present accused has surfaced during the investigation after arrest of the other co-accused who told about the involvement of the present accused and the role assigned to the present accused was that he also had a part in hatching the alleged criminal conspiracy.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is argued that the name of the present accused has surfaced during the investigation and the co-accused who were arrested and in whose statement name of the present accused has come during the investigation, namely, Kampoter has already been granted bail, vide order dated 23.09.2021, in Criminal Misc. Bail Application No. 33716 of 2021, a copy of his bail order has been submitted by the learned counsel for the applicant during the course of hearing, which is taken on record of this bail application. It is also argued that no role of any overt act has been assigned to the present accused and his case is on better footing than the co-accused who has already been granted bail. It is also argued that there is no reliable and clinching evidence against the present accused except the confessional statement of co-accused. Lastly, it is argued that the applicant is in jail since 28.06.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicant's case is of parity with co-accused Kampoter, considering that there is no reliable and clinching evidence showing the involvement of the applicant in the alleged offence and all considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Dilip Chaudhary involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 25.10.2021 LBY