Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.39 of 2020, under Sections 457, 380, 411, 413 IPC, Police Station Hardi, District Bahraich.
It is alleged that accused-applicants were involved in the crime in question and from their possession Rs.10,000/- and some jewellery were recovered. It appears that on the basis of single recovery, the accused-applicants have been implicated in 13 cases. The accused-applicants are in jail since 4.6.2020.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the above facts and circumstances of the case and the long incarceration of the accused-applicants without trial for a trivial offence, it would be appropriate to enlarge the accused-applicants on bail.
Let applicants Kunware Chauhan, Vinod Kumar Chauhan, Indal Chauhan and Samwari @ Sambhari be released on bail in the above case crime number on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicants shall file an undertaking to the effect that they 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 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.
(iii) In case, the applicants misuse the liberty of bail during trial 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.
(iv) 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 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 them in accordance with law.
The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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 :- 6.1.2021 Rao/-