Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27494 of 2021 Applicant :- Lokendra Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Ashish Goyal
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 61 of 2021, under Sections 395, 332, 353, 171F, 504 IPC and 7 Criminal La Amendment Act and section 3/4 Prevention of Damages to Public Property Act, at Police Station Jagner, District Agra.
In brief the prosecution story is that on 15.4.2021 at 17.00 hours during the polling of panchyat election some unknown persons are entered into the polling booth and they were create the nuisance and looted the ballet box and they were also throwing the stones upon the government employees, who were on election duty.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It has further been submitted that the prosecution story is false and fabricated. No incident has taken place. The applicant has no concern with the alleged incident. It has further been submitted that co-accused Yogesh, Safaruddin and Ramesh having identical role have already been granted bail by this Court and another bench of this Court in Criminal Misc. Bail Application Nos. 24569 of 2021,23445 of 2021 and 24766 of 2021 vide orders dated 30.7.2021, 23.7.2021 and 4.8.2021 respectively, therefore the applicant is also entitled for bail on the ground of parity. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 16.4.2021.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Lokendra, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 IPC.
(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 IPC.
(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 within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 16.8.2021/A.
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.08.16 14:07:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad