Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14756 of 2021 Applicant :- Jai Prakash Pandey @ J.P.
Opposite Party :- State of U.P.
Counsel for Applicant :- Md. Aman Khan,Ajay Kumar Pandey,Harsh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 235 of 2020, under Sections 397, 302, 216, 120-B IPC, Police Station Lalpur/Pandeypur, District - Varanasi with the prayer to enlarge the applicant on bail.
The report of this incident was got registered by the complainant in the concerned police station against unknown criminals and it was alleged that the accused persons snatched the bag of the complainant's phoofa Shyam Vihari Mishra and on objection they made fire which caused injury into his stomach.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also argued that the present applicant was not named in the FIR. His name surfaced during the investigation. It is also submitted that the present accused applicant deserves bail on the ground of parity with co-accused as the role assigned to the present accused is similar to the role assigned to co-accused Shamsher Chauhan, who has already been granted bail by another bench of this Court, vide bail order dated 15.7.2021, passed in Criminal Misc. Bail Application No. 24949 of 2021, a copy whereof has been submitted by the learned counsel for the applicant during the hearing of this bail application, which is taken on record. Lastly, it is argued that the applicant is in jail since 26.5.2019 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. But he accepts the bail parity of the present applicant with co-accused Shamsher Chauhan.
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 Jai Prakash Pandey @ J.P. 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 :- 16.8.2021 LBY