Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11442 of 2021 Applicant :- Monu Thakur Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Baghel Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 664 of 2020, under Sections 392, 411 I.P.C., Police Station Sadar Bazar, District Agra during the pendency of trial.
It is argued by the learned counsel for the applicant that though the applicant has history of four criminal cases as has been averred in paragraph 8 of the bail application, out of which, in three cases he has already been enlarged on bail by the court concerned and in one Case Crime No. 453 of 2020, under Sections 392, 411 I.P.C., he has been enlarged on bail by this Court vide order dated 12.2.2021 in Criminal Misc. Bail Application No. 9662 of 2021. It has also been contended that he has falsely been implicated in the present case. The F.I.R. was lodged by the complainant against some unknown person about chain snatching. The applicant is languishing in jail since 11.11.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Monu Thakur involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 7.4.2021 A.K.Srivastava