Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended on behalf of the applicant that the co-accused Jitendra Patharkat has been enlarged on bail vide order dated 26.07.2019 passed in bail No. 7175 of 2019. It is contended that the role of the applicant as well as the co-accused is similar. The applicant has been apprehended and arrested from the house. The applicant is innocent and he is not named in the F.I.R.. The applicant has been implicated showing false recovery of Rs. 20,100/- to which there is no independent public notice. It is further submitted that the applicant is in jail since 22.06.2019 and there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail submitting that the applicant has a criminal history.
Rebutting the same, learned counsel for the applicant submits that he has explained the criminal history of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant, Mithun Patharkat, involved in Case Crime No. 220 of 2019, under Sections 392/411 IPC and Section 3/25 of Arms Act, Police Station - Kotwali Nagar, District - Balrampur, be released on bail on his furnishing a personal bond and two sureties 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 the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The 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 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.
(v) 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.
(vi) 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. 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.
Order Date :- 31.7.2019 R.C.