Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33502 of 2021 Applicant :- Moti@ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Singh Baish Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 254 of 2021, under Sections 147, 148, 149, 323, 504, 307 IPC, Police Station Dhoomanganj, District - Prayagraj with the prayer to enlarge the applicant on bail.
The FIR of the incident was lodged on 30.3.2021 at 15.33 hrs. against the nine accused persons including the applicant in which it has been alleged that on 29.3.2021 at about 11.30 PM the brother of complainant Golu was standing outside of his house then all the accused asked his brother to give the money for drinking wine, the brother of the complainant refused their demand, thereafter all the accused committed maar-peet with his brother and fired upon him and thereafter the complainant immediately admitted his brother at Shakuntala Hospital.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is submitted that the present accused applicant deserves for bail on the ground of parity with co-accused persons Saurabh Kumar and Sandeep, who have already been granted bail by another Bench of this Court passed in Criminal Misc. Bail Application No.27502 of 2021 on 10.8.2021 and in Criminal Misc. Bail Application No.29429 of 2021 on 17.8.2021, copies of the order are annexed at page-15 onward in supplementary affidavit. Learned counsel for the applicant has further submitted that the role assigned to the applicant is similar to that of the co-accused who have been granted bail. Learned counsel for the applicant has further submitted that there is criminal history of eight cases against the accused applicant, which have been explained in paragraph no. 3 of the supplementary affidavit and in all these the applicant has been granted bail. Lastly, it is argued that the applicant is in jail since 2.6.2021 and that in case he is enlarged on bail, there appears no likelihood to misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused Saurabh Kumar and Sandeep, who have already been granted bail by another Bench of this Court passed in Criminal Misc. Bail Application No.27502 of 2021 on 10.8.2021 and in Criminal Misc. Bail Application No.29429 of 2021 on 17.8.2021.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicant has no criminal history, and all the attending facts and circumstances of the case, period of detention in jail, the case of the applicant is at par with the co-accused; 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 applicant Moti@ Chhotu 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 :- 26.10.2021 AU