Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14671 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. 13 of 2021 under Sections 411, 414, 482 I.P.C., Police Station-Sector-39 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 12.01.2021, a prompt F.I.R. dated 12.01.2021 was lodged by first informant, Pramod Kumar, and was registered as Case Crime No. 13 of 2021 under Sections 411, 414, 482 I.P.C., Police Station-Sector-39 Noida, District-Gautam Buddh Nagar. In the aforesaid F.I.R. three persons namely Wasim, Jakir (applicant herein) and Bakkar have been nominated as named accused.
5. According to the prosecution story as unfolded in the F.I.R. it is alleged that on 11.01.2021 Police arrested two accused namely Wasim and Jakir (applicant herein). Upon arrest, they disclosed that certain other vehicles have been stolen. Same were recovered.
6. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is named in the FIR. Applicant was arrested after four months of the lodging of the F.I.R.dated 30.09.2020 registered as Case Crime No. 804 of 2020. On the basis of alleged recovery, FIR giving rise to this bail application was registered. Alleged recovery is false as there is no public witness regarding same. Applicant has been enlarged on bail in Case Crime Number mentioned above today by this Court. It is lastly contended that co-accused Wasim, who is also named in the F.I.R., has already been enlarged on bail by this Court. Copy of his bail order bas 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.
7. Per contra learned A.G.A. has opposed the prayer for bail.
8. 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.
9 Accordingly, bail application is allowed.
10. 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.
11. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
12. 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