Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13558 of 2021 Applicant :- Indrasen Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Anjani Kumar Rai,Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Anjani Kumar Rai, learned counsel for applicant, learned A.G.A. for State and Mr. Shailendra Kr. Singh, learned counsel representing informant.
2. Perused the record.
3. This bail application has been filed by applicant-Indrasen Rai seeking his enlargement on bail in Case Crime No. 42 of 2020 under Sections 386, 504, 506 120B I.P.C., Police Station- Gaurabadshahpur, District-Jaunpur, during pendency of trial.
4. Perusal of record shows that in respect of an incident which is alleged to have occurred on 13.03.2020, a delayed F.I.R. dated 16.03.20200 was lodged by first informant Dr. Beermani Rai, and was registered as Case Crime No. 42 of 2020 under Sections 386, 504, 506 120B I.P.C., Police Station- Gaurabadshahpur, District-Jaunpur. In the aforesaid F.I.R., one Bipin Rai @ Amar Sen Rai has been nominated as solitary named accused.
5. According to the allegations made in the F.I.R., it is alleged that named accused Bipin Rai is alleged to have extorted the first informant.
6. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in the F.I.R.. Applicant is in custody since 01.02.2021. As such, applicant has undergone incarceration of more than two months. Applicant has clean antecedents inasmuch as he has no criminal history. It is then contended that applicant has been implicated in above mentioned case crime number on the basis of here-say evidence. Allegations made in F.I.R. are false and concocted. On the aforesaid premise, he contends that there is no credible evidence against applicant for implicating him in above mentioned case crime number. He lastly contends that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case, he is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
8. Per contra learned A.G.A. has opposed the prayer for bail.
9. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
10 Accordingly, bail application is allowed.
11. Let the applicant- Indrasen Rai involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
13. 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.4.2021/YK