Criminal Misc. Modification Application No. 1 of 2021.
This modification application has been filed praying that order dated 10.02.2021 directing the applicant to surrender and obtained bail within 90 days has wrongly been transcribed when this court directed that the applicant shall be enlarged on Anticipatory bail as has been passed in the case of co-acussed, Abhisek Kanoujiya, in Criminal Misc. Anticipatory Bail Application No.1440 of 2021.
After considering the record and the order orders passed in the case of co-accused persons, this court finds that the order dated 10.02.2021 has inadvertently been passed. It is being deleted and replaced by the following order :-
" Heard learned counsel for the applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Gyanendra Singh @ Yogendra @ Lili, with a prayer to release him on bail in Case Crime No. 109 of 2019, under Sections- 147, 148, 149, 332, 353, 308, 392 IPC, Police Station- Niwari, District- Ghaziabad during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
Learned counsel for the applicant has contended that the co-accused, Abhishek Kanoujiya, has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1440 of 2021. The case of the applicant stand on identical footing, hence the applicant is also entitled for anticipatory bail on the ground of parity. The applicant is definite apprehension that he may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant, but does not dispute the claim of parity.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest of the applicant shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
5. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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."
With the aforesaid direction, Modification application is allowed.
Order Date :- 23.2.2021 SS