Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47192 of 2020 Applicant :- Girdhari Opposite Party :- State of U.P. Counsel for Applicant :- A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Complaint Case No. 3320 of 2019, under Section 26(1)F of Indian Forest Act and sections 27, 29, 51(1) of Wild Life Protection Act, Range Pakdi, police station Kotwali, district Maharajganj, during the pendency of trial.
It is submitted by the learned counsel for the applicant that as per prosecution case, in the instant case five logs of Sagwan wood have been recovered on 11.01.2017. Main substratum of argument of learned counsel for the applicant that complaint has been filed on 19.11.2019 after much delay regarding the alleged incident dated 11.01.2017, for which no explanation has been given by the prosecution. It is further argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is next submitted by the learned counsel for the applicant that the applicant was not apprehended on the spot. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no independent public witness of the alleged recovery as shown by the prosecution. In bail rejection order dated 05.11.2020, twenty three range cases have been shown against the applicant, regarding which it is submitted by the learned counsel for the applicant that in none of the alleged cases, notice has been served upon the applicant. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 21.10.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Girdhari, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.4.2021 Sazia