Court No. - 30
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43121 of 2021 Applicant :- Hakal @ Umarddin Opposite Party :- State of U.P.
Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant, Sri P.K. Bhardwaj, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail, in Case Crime No. 709 of 2021, under Sections 399 and 402 I.P.C., Police Station Kosi Kalan, District Mathura.
Learned counsel for the applicant has submitted that the applicant is a labourer and the allegations levelled in the F.I.R. are false and fabricated. He has been falsely implicated. The applicant is otherwise stated to have no previous criminal history and is in jail since 09.09.2021.
It is further contended that the co-accused Hakku @ Hakmuddin, whose case is at par with the applicant, has already been granted bail by this court vide order dated 10.12.2021 in Criminal Misc. Bail Application No. 45637 of 2021 (Hakku @ Hakmuddin Vs. State of U.P.), therefore, the applicant is also entitled for bail on the ground of parity.
I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.
Learned A.G.A., however, opposed the prayer for bail, but could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, namely, Hokal @ Umarddin, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for-
(1) opening of the case, (2) framing of charge and (3) 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 Trial Court may make all possible efforts/endeavour and try to conclude the trial as expeditiously as possible.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Office is directed to correct the name of the applicant as "Hokal @ Umarddin" in place of "Hakal @ Umarddin" through Computer Center in the array of parties.
Order Date :- 23.12.2021/Arun K. Singh