Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31766 of 2021 Applicant :- Jagat Singh and others Opposite Party :- State of U.P.
Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.208 of 2021, under Section 147, 148, 149, 307, 332, 353, 336, 427, 283, 341, 323, 504, 506, 436, 511 IPC and 7 Law Criminal Amendment Act and Section 3 Prevention of Damages to Public Property Act, P.S. Narkhi, District Firozabad.
Learned counsel for the applicants submits that FIR has been lodged against 23 known and 30-40 unknown female and 40-50 male persons. As per FIR, on 01.06.2020 police received information to the aspect that a pipeline of the water has been broken by Monu and therefore people are going to block the road. When police personnel tried to start the pipeline and clear the traffic, they were attacked by the crowd by fire arms and stones. Allegation against the applicants is that they assisted in blocking the road. When police reached they attempted to kill the police personnel. He further submits that co-accused Valister, who is named in the FIR has been enlarged on bail in Criminal Misc. Bail Application No.30363 of 2021 vide order dated 12.08.2021. Applicant is also named accused, therefore, he is entitled for bail on the ground of parity. Applicant has no criminal history. He further submits that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail and applicant are languishing in jail since 02.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of identically placed co-accused on bail and perusing the material on record, without expressing any opinion on merit of the case the applicants are entitled for bail, let the applicant Jagat, Kuldeep & Nirottam 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 applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 of cancellation of bail.
Order Date :- 22.9.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.09.28 09:50:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad