Heard learned counsel for the applicant, learned A.G.A.for the State and perused the record.
The instant bail application has been filed with a prayer that the bail application of the applicant-Maqsood @ Mahmood, involved in Case Crime no.27 of 2021, under Sections-379, 411, 413, 414, 420, 482 I.P.C., Police Station-Sonva, District-Shravasti be allowed and the applicant be released on bail.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated by the police. Learned counsel further submits that the applicant is neither named in the F.I.R. nor any stolen property was recovered from his possession. Learned counsel further submits that the applicant is law abiding person having no criminal history but the police has implicated in two other false cases at the time of recovery of some motorcycles. Learned counsel further submits that the alleged offence is triable by the Magistrate whereas the applicant is languishing in jail since 03.03.2021. Learned counsel further submits that if the applicant is released on bail, he will not misuse the liberty granted by this Court and will cooperate with the proceeding before the trial Court.
Learned A.G.A. vehemently opposed the prayer for bail but did not dispute the factual submission made by the learned counsel for the applicant. Learned A.G.A. further submits that applicant is a member of gang of thieves and 16 motorcycles have been recovered from the possession of the applicant and co-accused persons. Learned A.G.A. further submits that in view of the gravity of the offence, the applicant is not entitled for bail.
Looking into the facts and circumstances of the case and material available on record, without expressing any opinion on the merits of the case, I am of the view that the bail application of the applicant is liable to be allowed.
Application is allowed.
Let the applicant-Maqsood @ Mahmood, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(i)The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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. and (iv) argument/judgement.
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 :- 6.4.2021 Mahesh