Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20070 of 2021 Applicant :- Lovely Singh @ Asheesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Javed Khan,Mohammad Javed Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Javed Khan, learned counsel for the applicant, Sri B.B. 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 Lovely Singh@Asheesh Kumar, seeking enlargement on bail during trial in Session Trial No. 1127 of 2017, arising out of Case Crime No. 622 of 2017, under Section(s) 376, 354, 506 I.P.C. registered at P.S. Majhola, District Moradabad.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that although the applicant was initially named in the F.I.R. along with co-accused Monu and one unknown person but the police after investigation submitted charge sheet only against co- accused Monu and exonerated the applicant in the present matter. Subsequently the applicant has been summoned under Section 319 Cr.P.C. on the basis of statement of the victim/prosecutrix.
It is argued that there is no credible evidence against the applicant and implication of the applicant in the present matter is with malafide intentions. It is furhter argued that in the statement of the victim recorded before the trial court she has implicated one other person namely Ravi@Siddharth who has been granted bail by a co-ordinate Bench of this Court vide order dated 20.7.2021 passed in Criminal Misc. Bail Application No. 18001 of 2021 (Ravi@Siddharth vs. State of U.P.). The copy of said order has been produced before the Court which has been taken on record. It is argued that as such the applicant has been falsely implicated in the present case and there is no credible evidence against him. It is argued that the applicant has no other criminal antecedents as stated in para-14 of the affidavit and is in jail since 16.3.2021.
Per contra, learned AGA opposed the prayer for bail and argued that summoning of the applicant is on the basis of an order passed under Section 319 Cr.P.C.
After having heard learned counsels for the parties and perusing the record, it is apparent that initially after investigation the applicant was exonerated, he has been subsequently summoned in the matter on the basis of the statement of the victim recorded before the trial court wherein she has named one other person Ravi@Siddharth, who was not in the F.I.R., who has been granted bail by a co-ordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant) 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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.
(V) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
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 :- 27.7.2021 Naresh (Samit Gopal,J.)