Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14939 of 2021 Applicant :- Liyakat Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajeev Chaddha, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Liyakat Ali seeking his enlargement on bail in Case Crime No. 10 of 2021, under Sections 457, 380 IPC, P.S. Kotwali, District Maharajganj, during pendency of trial.
Record shows that in respect of an incident, which is alleged to have occurred on 05.01.2021, a prompt F.I.R. dated 05.01.2021 was lodged by first informant Vishnudayal and was registered as Case Crime No. 10 of 2021, under Sections 457, 380 IPC, P.S. Kotwali, District Maharajganj. In the aforesaid F.I.R. one unknow person has been nominated as solitary accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that on 05.01.2021 a theft was committed in the premises of first informant and certain goods were stolen. Pursuant to aforesaid F.I.R., police proceeded with statutory investigation of aforesaid case crime number. On 7.1.2021, the applicant Liyakat Ali along with co-accused Riyasat Ali were arrested by police and on their pointing out certain goods were recovered.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in jail since 7.1.2021. Offence complained of is triable by Magistrate. It is also contended that in case applicant is enlarged on bail, he shall not misuse liberty of bail. Recovered article is of a minor value.
On the aforesaid premise, it is urged by learned counsel for applicant that applicant may be enlarged on bail.
Per contra, learned A.G.A. has opposed this application. However, he could not dispute submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Liyakat Ali, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
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 of cancellation of bail.
Order Date :- 7.4.2021 HSM