Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23501 of 2021 Applicant :- Funganagum And Another Opposite Party :- State Of U.P Counsel for Applicant :- Shweta Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.211 of 2021, under Sections 411, 420, 465, 468, 471, 482, 413, 414, 34 I.P.C., Police Station Kotwali City, District Bijnor.
Learned counsel for the applicant submits that on 2.4.2021 four persons were arrested by the police along with four stolen cars and name of the applicant surfaced in the confessional statements of the co-accused and from his possession no stolen vehicle has been recovered. He next submits that there is no criminal history against the applicant. He further submits that there is no independent witness of the alleged recovery. He further submits that co-accused Amit Tyagi has been enlarged on bail in Criminal Misc. Bail Application No.20324 of 2021, vide order dated 27.05.2021, which is annexed at page 21 of the bail application. Applicant's case is at par with co-accused released on bail. He further submits that the applicants have been falsely implicated in the instant case. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, they shall not misuse the liberty of bail. It is next submitted that the applicants are languishing in jail since 3.4.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicants-Funganagam and Nawaz Khan involved in the aforesaid case crime be released on bail on their 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 applicants will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicants shall file an undertaking to the effect that they 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 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.
(iv) The applicants 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 for cancellation of bail.
Order Date :- 29.7.2021 m.a.
Digitally signed by Justice Ali Zamin Date: 2021.08.02 14:09:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad