Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30595 of 2021 Applicant :- Kamran Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Shiv Shankar Kaithal, learned counsel for the applicant, Mr. Sanjay Kumar Singh, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Kamran with a prayer to enlarge him on bail in Case Crime No. 329 of 2021, under Sections 411, 414, 420, 467, 468, 471 of I.P.C., Police Station- Firozabad South (Dakshin), District-Firozabad, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the first information report has been lodged by Sushant Gaur, Station House Officer, Police Station- Firozabad South on 26th May, 2021 against five named accused persons including the applicant alleging therein that when the informant and other police personnels were busy for checking suspicious persons, then on the information of an informer, two co-accused persons, namely, Imran and Nadeem were arrested and one stolen ECO car was recovered from their possession. On the interrogation of Police, both the co-accused persons disclosed the other co-accused persons including the applicant in stealing of car. It is further alleged that on the pointing out of co-accused Nadeem, another four wheeler was also recovered by the Police. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to ulterior motive. Neither the applicant has been arrested from the spot nor any stolen car has been recovered from his possession or his pointing out. There is no independent or public witness on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. It is further submitted that the co-accused, namely, Nadeem, who has been arrested from the spot and a alleged stolen ECO car has also been recovered from joint possession of Nadeem and co-accused Imran, has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 27th August, 2021 passed in Criminal Misc. Bail Application No. 29351 of 2021 (Nadeem Akhtar Vs. State of U.P.). The case of the applicant is on better footing to that of the aforesaid co-accused. As such the applicant is also liable to be enlarged on bail. The applicant has five criminal antecedents to his credit except the present one, but he has satisfactorily been explained in paragraph-5 of the supplementary affidavit. It is next contended that 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. The applicant is in jail since 28th June, 2021.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
On acceptance of bail and personal bonds, the Lower Court shall transmit photostat copies thereof to this Court for being kept on record.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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.
(Manju Rani Chauhan, J.) Order Date :- 22.9.2021 Sushil/-