Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40083 of 2020 Applicant :- Pawan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicants that they have has been falsely implicated in the present case. The alleged recovery of six motorcycles shown from the possession of applicants are frivolous as registration paper of three motorcycles are produced before the Court alongwith owner and further affidavit is given by the owner of the scooty stating therein that scooty was under police possession. Prior to this case, applicant is having no criminal history. After arrest, he was planted in five other cases. Except this case, he was enlarged on bail in all cases. It is next submitted that co-accused Rajeev has already been granted bail by the Court in Criminal Misc. Bail Application No. 42908 of 2020 vide order dated 2.12.2020. They are languishing in jail since 2.8.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Pawan and Puspendra, involved in Case Crime No. 429 of 2020, under Sections- 420, 467, 468, 471, 413, 414 IPC, Police Station- Kotwali Shahar, District- Bijnor be released on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
5. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. are issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicants 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 their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail come to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.1.2021 Junaid Digitally signed by Justice Neeraj Tiwari Date: 2021.01.05 17:12:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad