Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11232 of 2021 Applicant :- Gurudev Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Gurudev Singh, who is involved in Case Crime No. 493 of 2020, under Section 5/25 of Arms Act, 1959, Police Station-Swar, District-Rampur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 24.10.2020, Police lodged the F.I.R. against the applicant showing a recovery of four country made pistols and one country made revolver as well as cartridges etc. from the open place. The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to village party bandi. It is next submitted by the learned counsel for the applicant that there is no independent public witness of the aforesaid recovery, therefore, possibility of false implication of the applicant cannot be ruled out. It is also submitted that the charge sheet has been submitted in this case. It is next submitted that the applicant has a criminal history of four other cases, in which the applicant has already been granted bail by the court concerned and the copies of the bail orders have been filed along with supplementary affidavit dated 09.02.2021. The applicant is languishing in jail since 24.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
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 Gurudev Singh 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 :- 7.4.2021 / Sunil Kr. Gupta