Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44224 of 2020 Applicant :- Mohd. Tausif @ Chota Opposite Party :- State of U.P.
Counsel for Applicant :- Sufia Saba,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
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.81 of 2020, under Sections 380, 457, 411 I.P.C., P.S. Kotwali Nagar, District Saharanpur.
Learned counsel for the applicant submits that according to F.I.R. version on 16.03.2020, two laptop, four battery, inverter and LED were stolen by unknown persons. He further submits that on the basis of confessional statement, he has been implicated in the case. He also submits that no recovery has been made from the possession of the applicant. Recovery from co-accused Salman has been made regarding the present case, who has been already granted bail by co-ordinate Bench of this Court vide order dated 04.11.2020 in Criminal Misc. Bail Application No.37456 of 2020, therefore, the applicant is also entitled for bail. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit dated 05.02.2021. 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 the applicant is languishing in jail since 12.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant has criminal history of eleven cases including the present case but could not dispute the fact that co-accused Salman has been enlarged on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused Salman on bail from whose possession alleged laptop etc. were recovered, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Mohd. Tausif @ Chota Digitally signed by Justice Ali Zamin Date: 2021.04.13 16:21:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad 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 :- 13.4.2021 Jitendra