1. Heard Sri Anil Kumar Awasthi, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No.296 of 2020, under Sections 395, 397, 412 of I.P.C. at Police Station Sadarpur, District -Sitapur.
3. Submission of learned counsel for the applicant is that First Information Report was lodged against unnamed persons who are alleged to have committed robbery on the night of 21/22.10.2020 in the house of the complainant and has stolen Rs.2 Lakh worth of jewelry and Rs.12,000/- twelve thousand in cash and they have left behind a mobile phone. The police has apprehended the applicant along with the other accused and alleged to have recovered Rs.4,000/- alongwith certain arms and ammunitions and also one set of Payal and certain other jewellery articles. It has been stated that the allegations made in the First Information Report are false and frivolous and the articles which are recovered from the applicant are personal belonging and do not belong to the complainant.
4. In support of his contention he has submitted that there is no averments either in the first information report or any other document indicating that these articles alleged to be recovered from the applicant belonged to the complainant. It is further submitted that the other co-accused Virendra @ Kanhaiya who is also a co-accused in the said case has already been enlarged by this Court vide order dated 27.01.2021 in Bail No. 935 of 2021.
5. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
6. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
7. Let applicant Monu Patwa be released on bail in Case Crime No.296 of 2020, under Sections 395, 397, 412 of I.P.C. at Police Station Sadarpur, District -Sitapur on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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.
(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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (preferably Adhar Card) mentioning the mobile number to which the said Adhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.4.2021 A.K. Singh (Alok Mathur, J.)