Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.313 of 2018, under Sections 147, 148, 149, 307/34 I.P.C. and 31 Criminal Law Amendment Act, P.S. Amapur, District Kasganj.
Learned counsel for the applicant submits that in the F.I.R. six persons were named and four unknown persons have been disclosed. He further submits that in this case final report was submitted against the applicant, nomination of applicant and co-accused Gulfam finding false charge sheet was submitted against other accused, thereafter, in additional statement of informant and other witnesses, he has been found involved in the case. He further submits that the co-accused Sajid has been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.02.2019 in Criminal Misc. Bail Application No.7588 of 2019. The case of the applicant is on better footing than co-accused enlarged on bail, therefore, he is also entitled for bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 15.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Manu @ Khursheed involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 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/her in accordance with law.
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 for cancellation of bail.
Order Date :- 26.8.2021 Jitendra