Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 139 of 2021 Applicant :- Irfan Ahmad @ Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sudhakar Shukla, learned counsel for applicant, learned A.G.A. for State and perused the record.
2. This bail application has been filed by applicant Irfan Ahmad @ Pappu seeking his enlargement on bail in Case Crime No.0381 of 2020 under Sections 411, 413, 414, 417, 465, 472 I.P.C., Police Station- Bidhnoo, District Kanpur Nagar during pendency of trial in the above mentioned case crime number.
3. Perusal of record shows that in respect of an incident which occurred on 27.8.2020, an F.I.R. dated 28.8.2020 was lodged by S.I. Diwakar Pandey, which was registered as Case Crime No.0381 of 2020 under Sections 411, 413, 414, 417, 465, 472 I.P.C., Police Station- Bidhnoo, District Kanpur Nagar. In the aforesaid F.I.R., seven persons namely Kuldeep Chaurasiya, Akash Tiwari, Vishnu Gautam, Man Singh, Mobin, Badri and Irfan Ahmad @ Pappu (applicant herein) have been nominated as named accused.
4. As per the prosecution story as unfolded in the F.I.R., it is alleged that eleven Auto Rickshaw and two E-Rickshaw have been recovered from the possession of named accused. No document with regard to the ownership of the said rickshaws was produced. It is contended by learned counsel for applicant that he is innocent and has been falsely implicated in the above mentioned case crime number. The recovered articles have not been connected with the said case crime number. Some of the named accused namely Man Singh, Kuldeep Charausiya, Vishnu Gautam have already been enlarged on bail vide orders dated 21.10.2020, 3.11.2020 and 1.12.2020. Orders are on record as Annexure-2 to the affidavit. Similarly another co- accused Akash Tiwari has been enlarged on bail by this Court vide order dated 9.12.2020. Copy of order has been produced by learned counsel for applicant in Court today, which is placed on record. It is then contended that since the case of present applicant is similar and identical to aforesaid co-accused, he is also liable to be enlarged on bail on the ground of partiy. It is lastly contended that there is no independent witness of recovery. Applicant is in jail since 28.8.2020. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
5. Per contra, the learned A.G.A. for the State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.
6. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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.
7. Let the applicant- Irfan Ahmad @ Pappu 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
8. However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 6.1.2021 Anil K. Sharma