Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41402 of 2020 Applicant :- Kanti Devi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Kesari,Vinod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants submits that they have been falsely implicated in the present case. Applicant no. 1 is lady and applicant no. 2 is her son. The applicants are innocent, they have not committed the alleged offence, but they have been falsely implicated in the present case. Applicants have nothing to do with the alleged recovery. It is next submitted that other co-accused- Arjun Sonkar, Rinku Sonkar and Santosh Kumar Sonkar, who are escaped from the spot, have already been enlarged on bail by this Court on 11.01.2021 and 28.01.2021 in Criminal Misc. Bail Application Nos. 47649 of 2020 and 6171 of 2021 respectively. The applicants have no criminal history. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicants who are in jail since 20.08.2020, undertakes that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicants- Kanti Devi and Pintu Sonkar, involved in Case Crime No. 341 of 2020, under Section- 60/60(2) of Excise Act and under Section 272 IPC, Police Station- Manda, District Allahabad, be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
5. In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.7.2021 Arvind