Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant seeks bail in Case Crime No.86 of 2021 under sections 420, 468, 471 IPC and section 3/7 Essential Commodities Act, Police Station Manikpur, District Pratapgarh.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. Learned counsel for the applicant has submitted that the applicant is the owner of the Kisan Khadya Bhandar Evam Pashu Aahar and on account of business rivalry, the applicant has been implicated in the false case. The applicant has no concern with the alleged recovered gas cylinder and there is no public or independent witnesses of the alleged recovery while the recovery has been made from the open market. It has also been submitted that the co-accused of the case namely Saurabh Shukla and Brij Raj Shukla on similar footing have been granted bail by this Hon'ble Court vide orders dated 06.07.2021 and 14.07.2021 passed in Bail No.s 6846 of 2021 and 7136 of 2021. The applicant is in jail since 19.08.2021 after surrender as he was earlier on parole looking to the pandemic of Covid-19 in the country. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail and submitted that looking to the allegations, the applicant is not entitled for bail but he could not contradicted the aforesaid fact.
Taking into consideration the facts and the material available on record as well as considering the nature of the accusation and severity of the punishment if convicted and the learned A.G.A. has not made any apprehension with regard to the threat or tampering with the prosecution witnesses or documentary evidence and there is no allegation with regard to non-cooperation with the investigating agency and the applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court I am inclined that it is a fit case for grant of bail to the applicant. Thus the present application is allowed.
Let the applicant Maharshi Chandra Shukla @ Mohit Shukla be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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 of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
4. The applicant 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 26.8.2021 VNP/-