Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44863 of 2019 Applicant :- Kuldeep Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant, Sri J.K. Upadhyay, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 372 of 2019, under Sections 395 and 412 of I.P.C registered at Police Station, Kotwali Dehat, District Etah.
As per prosecution case, complainant Jaipal Singh lodged a report on 25.8.2019 alleging in it that he is the owner of a transport company namely Agra-Bombay Tempo Service and one of the vehicle of Tillu Singh was hired through him by Sonu Footwear for transporting certain luggage from Agra to Akola (Maharashtra). It is alleged that in the said vehicle one Munshi and driver were also travelling and on 19.8.2019 his Munshi returned and informed him that the vehicle has been looted by some persons. Allegation against the applicant is that he is also one of the persons who looted the truck.
Learned counsel for the applicant submits that as many as eight persons have been named in looting the property and out of which two accused namely Dinker Mishra and Vikas Pachori have already been granted bail by this Court vide orders dated 20.11.2019 and 6.11.2019 passed in Crl. Misc. Bail Application Nos. 50421 of 2019 and 46570 of 2019, respectively. He further submits that nothing incriminating has been seized from the applicant. Lastly, it has been argued that the applicant is in jail since 26.8.2019 and the trial is likely to take some time for its final disposal.
On the other hand, learned A.G.A. opposes the application for bail. He, however, does not dispute that the case of the applicant is identical to that of those co-accused, who have already been granted bail.
Considering the totality of the case, in particular, the nature of evidence and further considering the fact that similarly placed co-accused have already been granted bail by this Court, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Kuldeep Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) 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 date 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 I.P.C.
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The application is, accordingly, disposed of.
Order Date :- 26.11.2019 AKK