Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49834 of 2021 Applicant :- Kamal Opposite Party :- State of U.P.
Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Bhishm Pal Singh, learned counsel for the applicant, learned AGA and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.0026 of 2021, under Sections 380 and 411 of I.P.C., registered at Police Station-G.R.P., District-Bareilly, during pendency of trial.
As per the prosecution case, three persons including the applicant are alleged to have snatched the purse containing Rs.25,00/- bangle of a child and mobile phone; applicant came to be apprehended on the spot; Rs.1,000/- was recovered from the possession of the applicant; It is urged that the applicant has been falsely implicated and the money recovered from the possession of the applicant belongs to him; it is urged that the applicant is languishing in jail since 23.07.2021 having no criminal antecedents, there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Kamal, 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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 23.12.2021 SK Goswami (Suneet Kumar,J.)