Heard Sri Rahul Mishra,learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
The present second bail application has been filed on behalf of the applicant in Case Crime No. 154 of 2014, under Sections 376D/343/346 IPC, Police Station Cantt., District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case.
Learned Counsel for the applicant submitted that this is second bail application. The first bail application bearing Bail No. 10075 of 2015 was rejected by this Court vide order dated 26.04.2018.
Learned Counsel for the applicant submitted that applicant is in jail since September, 2014 and for almost about 7 years the applicant is in jail. He further submitted that the witnesses of fact have already been examined before the trial court. He further submitted that infact all the witnesses have already been examined before the trial court. The matter was fixed for argument, but prosecution has moved an application under Section 311 Cr.P.C. before the trial court, which was allowed and as such the case could not be concluded and the case is still pending.
He further submitted that there is no possibility in the instant case of influencing the witnesses or tampering the evidence by the applicant if the applicant is enlarge on bail.
He further submitted that co-accused namely Ajay Nishad has already been enlarged on bail by this Court vide order dated 06.2.2020 passed in Bail No. 10234 of 2015. He further submitted that it is a possibility that ultimately before the trial court the case would not be proved against the applicant and the co-accused and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial. Prayer is to allow the bail application and released the applicant on bail.
Learned A.G.A. has opposed the prayer for grant of bail, however could not dispute the aforesaid fact that witnesses of the fact have already been examined before the trial court and on account of application moved under Section 311 Cr.P.C. by the prosecution, the case has not yet been concluded.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the fact that co-accused has already been enlarged on bail by this Court as also the period of incarceration 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- Gautam Nishad 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 :- 27.8.2021/Jyoti/-