Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.13 of 2021, under Sections 392, 328, 411, 414, 120B, 34 IPC, P.S. Tronika City, District Ghaziabad.
Learned counsel for the applicant submits that according to FIR version, three persons on 05.01.2021 hired the vehicle no.DL 1LY 5053 of the informant and looted the vehicle. He further submits that FIR was lodged on 07.01.2021 at 01.11 a.m. and the alleged looted vehicle was recovered on the same day at 01.13 a.m.. He also submits that due to monetary dispute he has been falsely implicated in this case. He next submits that on 08.02.2021 a medical certificate of victim has been issued by a private hospital, i.e., Prakash Hospital in which it is stated that "Gulzar son of Mohd. Hussain came in the hospital on 06.01.2021 at 6.0 a.m. with history of some sedative intake by some one after examination it is advised admission for management & further formalities but attendant and patient both refused for admission", which also supports the version of the applicant that he has been falsely implicated in this case. Applicant has no criminal history. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 07.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that giving sedative substance hired vehicle was looted by the applicant and others, which was recovered from his possession, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, refusal by the informant for admission in the hospital and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Firoz involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 27.8.2021 MAA/-