Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The instant bail application has been filed on behalf of the applicant, Jahangir Ansari, with a prayer to release him on bail in Case Crime No. 64 of 2020, under Sections 407, 411 IPC, Police Station - Pataherwa, District- Kushinagar, during pendency of trial.
Allegation in the FIR is that informant gave Rs.22 lacs to his driver, Jahangir Ansari (the present applicant) to hand over the same to a third person alongwith Sirazudin. The informant contacted Sirazuddin and he told that his driver, Jahangir Ansari, had not come to him. Thereafter, car of the informant was found and driver was missing. The matter was reported to the police and investigation was conducted and the accused persons including the present applicant were sent to jail. After investigation it was found that the present applicant had purchased a mobile phone for Rs. 62,900/- out of Rs. 22 lacs. It was also investigated that the present accused applicant gave Rs. 19,50,000/- to his friend Arman Anasari and Rs. 1,61,000/- to his another friend Sajjad Ali.
Learned AGA has opposed the prayer for bail of the applicant.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is further submitted that the present applicant was working as driver of the informant and the other accused found involved in this case, namely, Sajjad Ali and Arman Ansari, have already been admitted to bail by another benches of this Court and their bail orders are annexed on pages No. 34 onward of the affidavit filed in support of this bail application. The learned counsel submits that the present applicant was entitled to bail on the ground of parity. It is also submitted that the offence is triable by the Court of Magistrate. Lastly it is argued that the applicant is in jail since 27.02.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Jahangir Ansari involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 12.2.2021 LBY