Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 184 of 2021 Applicant :- Pradeep @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Singh, learned counsel for applicant and learned AGA for State.
This application for bail has been filed by the applicant Pradeep @ Chhotu for seeking his enlargement on bail in Case Crime No. 405 of 2020, under Sections 379, 411, 427 I.P.C., Police Station Babugarh, District Hapur, during the pendency of trial.
Perusal of record shows that in respect of an incident, which occurred on 6.11.2020 an F.I.R. dated 7.11.2020 was lodged by first informant Ramesh Kumar and was registered as Case Crime No. 405 of 2020, under Sections 379, 411, 427 I.P.C., Police Station Babugarh, District Hapur. In the aforesaid F.I.R. one unknown person has been nominated as an accused.
According to prosecution story as unfolded in the F.I.R. it is alleged that Truck No. UP 17 T 9918, (MILK TANKER) which was going from Gajraula to Delhi has been stolen.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in the F.I.R. Subsequently, three persons including present applicant were arrested. Knives and cash are alleged to have recovered from arrested person. The truck which is alleged to have been stolen was parked near the place from where applicant and his two accomplices were apprehended. Consequently, an F.I.R. dated 9.11.2020 was lodged which was registered as Case Crime No.
410 of 2020, under Sections 4/25 Arms Act, Police Station Babugarh, District Hapur.
Learned counsel for applicant further contends that the recovery is false. There is no independent witness of recovery. Applicant is in jail since 9.11.2020. Offence under Section 379 IPC is triable by Magistrate and the maximum period of sentence that can be awarded is three years. Applicant is in jail since 09.11.2020. Applicant has no criminal antecedents to his credit except the aforesaid case.
On the aforesaid premise, it is urged that applicant is liable to be enlarged on bail.
Per contra, learned AGA opposed the prayer for bail. However, he could not dispute the submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant and learned A.G.A. for State and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pradeep @ Chhotu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 I.P.C..
(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., may be issued and if 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 I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 HSM