Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12255 of 2021 Applicant :- Mohsin Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,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.31 of 2021, under Section 3/7 Essential Commodities Act, P.S. Jahagirahabad, District Bulandshahar.
It is submitted by learned counsel for applicant that applicant has been falsely implicated in the instant case. There is no possibility of applicant of fleeing away from judicial process or tampering with the witnesses and, in case, applicant is enlarged on bail, he shall not misuse liberty of bail. It is further submitted that applicant is languishing in jail since 21.01.2021. It has further been submitted that co-accused Vimal Kumar in same case crime number has already enlarged on bail by this Court on 17.03.2021.
Per contra, learned A.G.A. has opposed the bail prayer of applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. However, he does not dispute the fact that co- accused has been granted bail by this Court in same case crime number.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, more particularly the fact that co-accused has been granted bail by this Court in same case crime number, the applicant is entitled to be enlarged on bail.
Let the applicant Mohsin involved in aforesaid case crime be released on bail on his 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 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 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.
(iii) 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, then, the trial court shall initiate proceedings against him, 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 in accordance with law.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicant may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.4.2021 S.Sharma