Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34899 of 2020 Applicant :- Kishan Pal @ K.P Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Singh,Avanish Kumar Shukla,Mithilesh Kumar Shukla,Shivam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarged him on bail in Case Crime No. 26 of 2020, under Sections 379, 411, 420, 307 I.P.C., Police Station Bichhwa, District Mainpuri.
Learned counsel for the applicant submits that according to the F.I.R. version, applicant and six other co-accused persons were arrested alongwith illegal arms, one Eco Car and one Maxx Pick up. He further submits that it is alleged that they have admitted to commit murder of the police personnel. He further submits that the co-accused Kasim @ Chhote Kuraishi and Shanu @ Solger have been granted bail by court below vide orders dated 21.03.2020 and 22.05.2020 in Bail Application Nos.393 of 2020 and 421 of 2020, respectively. Therefore, the applicant is entitled for bail on the ground of parity. The bail application of the applicant was rejected on the ground of criminal history. He further submits that applicant has a criminal history of 19 cases, out of which in eight cases he has been acquitted and in remaining cases he is on bail, which have been explained in Para 15 of the bail application. 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 contended that applicant is languishing in jail since 23.06.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspect.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of the co-
accused on bail by the court below,, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Kishan Pal @ K.P. involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two heavy 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
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 :- 16.8.2021/Zafar