Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44653 of 2019 Applicant :- Lekhraj Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A. Hon'ble Pritinker Diwaker,J.
Heard Sri Vijay Shantam, 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. 117 of 2019, under Sections 395, 412 of I.P.C registered at Police Station, Gangiri, District Aligarh.
As per prosecution case, on 11.8.2019, from one four wheeler Rs. 8575/- cash and 80 bee boxes were looted by certain unknown persons. Later, in the night intervening 23/24.8.2019, from the joint custody of Mudit Sharma, Mohar Singh, Pushpendra, Rabin and the applicant, 80 pieces of bee boxes were seized.
Learned counsel for the applicant submits that similarly places co-accused Mohar Singh and Pushpendra have already been granted bail by this Court. He submits that the case of the applicant is on better footing than that of the co-accused, who have already been granted bail. He further submits that no test identification parade has been conducted. Lastly, it has been argued that the applicant is in jail since 23.8.2019, trial is likely to take some time for its final disposal and, therefore, he be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Considering the totality of the case, in particular, the fact that similarly placed co-accused have already been granted bail and the applicant is in jail since 23.8.2019 and trial may take some time for final disposal, I am inclined to release the applicant on bail.
Let the applicant Lekhraj, be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.5,00,000/- (Five Lacs) 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.
(vi) Every last Sunday of the month for one year, the applicant shall record his attendance before the concerned police station.
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 :- 28.11.2019 AKK