Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39520 of 2019 Applicant :- Mahesh Kumar @ Monu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the accused-applicant, learned A.G.A. and perused the record.
This bail application has been filed by the accused-applicant Mahesh Kumar @ Monu who is involved in Case Crime No.221 of 2019, under sections 41, 411, 419, 420, 467, 468, 471 IPC, Police Station-Doharighat, District-Mau.
Submission of learned counsel for the applicant is that applicant has falsely been implicated in the present case showing the recovery of idol from the joint possession of the applicant and other accused persons. It has further submitted that there is no independent witness of this alleged recovery. It is pointed out that co-accused, Mithun Prajapati has already been granted bail in Criminal Misc. Bail Application No 37450 of 2019 by another (Coordinate) Bench of this Court on 23.09.2019, therefore, he is also entitled to be released on bail on the ground of parity, copy of the photo stat copy of the co-accused bail order has been produced before the Court during the arguments of this case, which is kept on record. It has lastly been submitted that the applicant is languishing in jail since 14.07.2019 having no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant (Mahesh Kumar @ Monu) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions:-
(i) applicant shall attend the court in accordance with the conditions of the bond executed under this Chapter.
(ii) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(iii) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv). The applicant shall cooperate with investigation /trial.
(v). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(vi). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vii). In case, the applicant misuse the liberty of bail during trial 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.
(viii). The applicant shall remain present, 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 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.
Order Date :- 26.9.2019 Pr/-