Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.145 of 2020, under Sections 379, 411 I.P.C., Police Station Duddhi, District Sonbhadra.
Learned counsel for the applicants submits that according to the FIR version on 21.6.2020 a motorcycle was stolen by unknown person and after two months of the incident the alleged motorcycle was recovered from the possession of the applicant. It is further submitted that the applicant has been falsely implicated in the instant case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next submitted that applicant, having no criminal antecedent, is languishing in jail since 28.8.2020.
Per contra, learned A.G.A. has opposed the bail but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, without expressing any opinion on the merit of the case, the applicants are entitled for bail, let the applicants Kalamuddin Ansari @ Kamaluddin, Jubair Alam and Abdul Khuddus involved in the aforesaid case crime be released on bail on their 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 applicants will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicants 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.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 3.2.2021 m.a.