Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant,Kesar Singh @ Babu Lal,with a prayer to release him on bail in Case Crime No.151 of 2020, under Sections 147, 148, 323, 326/34, 506 I.P.C., Police Station Highway, District Mathuraduring pendency of trial.
Co-accused persons,Narayan Singh and Smt. Chanda Devi, have already been granted anticipatory bail vide order dated 29.01.2021 passed in Criminal Misc. Anticipatory Bail Application No.6178 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for anticipatory bail on the ground of parity.
By the order dated 04.11.2020, the interim anticipatory bail was granted to the applicant granting time to learned A.G.A. to file counter affidavit.
Counteraffidavit filed by learned A.G.A istaken on record.
Accordingly, the anticipatory bail application is allowed.
For the reasons given in the earlier order dated04.11.2020,it is provided that in the event of arrest, the applicantshall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
3. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
5. In case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. 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, 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 his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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 :- 29.1.2021 Rohit