Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41799 of 2020 Applicant :- Jiyut Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Giri Ram Rawat,Indra Deo Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 05 of 2020, under Sections 394, 427, 411 IPC, Police Station Mehnajpur, District Azamgarh.
As per the averments made in the first information report lodged on 22.12.2019, which is not against any named accused persons, the informant is engaged in sale of food and miscellaneous grocery items and while returning on 22.12.2019 at about 06.30 PM four unknown persons came from behind on bike and caused injuries to the informant and his driver.
During the course of investigation the informant has further disclosed that a sum of Rs.10,000/- was also looted from him. The police arrested two co-accused persons from whom a sum of Rs.9,000/- is said to have been recovered. In their statements the name of applicant has surfaced. It is also pointed out that the applicant has criminal history of 11 cases.
Learned counsel for the applicant submits that neither any recovery has been shown from the applicant nor he has been arrested from spot and that the applicant otherwise not named in the FIR. Submission is that merely on the statement of co- accused the applicant cannot be proceeded with, particularly when neither any recovery has been made from him nor he was arrested on spot. Learned counsel has explained the criminal history of the applicant. Submission is that applicant is in jail since 12.01.2020 and the trial is not likely to be concluded shortly. The co-accused whose inculpatory statement is relied upon has already been enlarged on bail by this Court.
Although learned A.G.A. for the State opposes the bail application but does not dispute the facts as have been urged on behalf of the applicant.
Having perused the materials placed on record and considering the fact that the co-accused whose statement is made the basis for implication of applicant has already been enlarged on bail and criminal history of the applicant has otherwise been explained and the trial is also likely to take sufficiently long, the applicant is entitled to grant of bail at this stage. Above observations made in the bail order shall however not be construed as expression of opinion, on the merits, at the stage of Trial.
Let the applicant- Jiyut Rajbhar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 6.5.2021 Ashok Kr.
Digitally signed by JUSTICE ASHWANI KUMAR MISHRA Date: 2021.05.06 18:55:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad