Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40 of 2021 Applicant :- Jabbar @ Chhotu @ Kariya Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.K. Pandey, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant seeking his enlargement on bail in Case Crime No. 202 of 2020, under sections 379, 411, 413, 420, 467, 468 IPC, P.S. Chirgaon, District Jhansi.
Record shows that in respect of an incident which occurred on 1.10.2020, an F.I.R. dated 1.10.2020 was lodged by S.I. D.K. Dwivedi and was registered as Case Crime No. 202 of 2020, under sections 379, 411, 413, 420, 467, 468 IPC, P.S. Chirgaon, District Jhansi. In the aforesaid F.I.R. five persons namely, Jabbar @ Chotu (applicant herein), Ramji Raikwar, Sharukh Khan, Ramji Ahirwar and Raghvendra Rajput have been nominated as named accused.
According to the prosecution story, as unfolded in F.I.R., it is alleged on informantion received, a Police trap was laid. In the aforesaid trap a stolen Pulsar motorcycle with three passenger was intercepted. On examination, certain artices were recovered from arrested person.
Sri R.K.Pandey, learned counsel for the applicant contends that applicant is innocent. He has been falsely implicated in present case. Applicant is in jail since 1.10.2020. Offence complained of is triable by Magistrate. False recovery has been shown from applicant. There is no independent witness of recovery. As such, same is not liable to be relied upon. Applicant has no criminal antecedent to his credit except the present one. Learned counsel for applicant next submits that the co-accused Sahrukh Khan has already been enlarged on bail by this Court vide order dated 14.12.2020. Same has been produced before the Court and is taken on record. It is also urged that case of present applicant is on a better footing than co-accused Sahrukh Khan. There is no possibility of applicant fleeing away from the judicial process or tempering with the witnesses. In case, applicant 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.
Per contra, learned A.G.A. has opposed the bail application.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant- Jabbar @ Chhotu @ Kariya be released on bail in Case Crime No. 202 of 2020 under Sections 379, 411, 413, 420, 467, 468 I.P.C. Police Station- Chirgaon, District Jhansi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such 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.
Order Date :- 6.1.2021 Arshad