Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14556 of 2021 Applicant :- Jakir Opposite Party :- State of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. R.S. Maurya, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This bail application has been filed by applicant-Jakir seeking his enlargement on bail in Case Crime No.804 of 2020 under Sections 379, 411 I.P.C., Police Station-Sector- 49 Noida, District-Gautam Buddh Nagar, during pendency of trial.
4. Perusal of record shows that in respect of an incident which is alleged to have occurred on 24.09.2020, a delayed F.I.R. dated 30.09.2020 was lodged by first informant, Shiv Kumar, and was registered as Case Crime No.804 of 2020 under Sections 379, 411 I.P.C., Police Station-Sector-49 Noida, District-Gautam Buddh Nagar. In the aforesaid F.I.R. an unknown person has been nominated as solitary accused.
5. According to the prosecution story as unfolded in the F.I.R. it is alleged that it is alleged that Vehicle Bearing Registration No. U.P. 16 ET 9143, Engine No. EAJ1B14547 and Chechis NO. MAIZP2EAKJ1820161 was stolen by some unknown persons which was standing near the Temple in front of house of first informant.
6. Subsequent to aforesaid F.I.R., police proceeded with statutory investigation of above mentioned case crime number. During the course of investigation and after four months from the date of incident, police arrested two persons including applicant. On their pointing out, other stolen motor vehicles were also recovered.
7. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in custody since 12.01.2021. As such applicant has undergone approximately three months of incarceration. Applicant is not named in the FIR. Name of applicant has surfaced after four months form the date of lodging of F.I.R. Recovery alleged to have been made from possession of applicant is false. There is no independent witness of recovery. It is lastly contended that co-accused Wasim, who is also not named in the F.I.R., has already been enlarged on bail by this Court. Copy of his bail order has been placed before Court by learned counsel for applicant. Same is taken on record. On the aforesaid premise, it is urged that for the facts and reasons mentioned in aforesaid bail order pertaining to above mentioned co-accused, applicant is liable to be enlarged on bail. Case of present applicant is similar and identical to aforesaid co-accused Wasim. As such applicant is liable to be enlarged on bail on the ground of parity also. In case applicant is enlarged on bail, he shall not misuse the liberty of bail.
8. Per contra learned A.G.A. has opposed the prayer for bail.
9. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and accusation made but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
10 Accordingly, bail application is allowed.
11. Let the applicant- Jakir 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 applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
13. 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 for cancellation of bail.
Order Date :- 7.4.2021 YK