Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12978 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vinshnu Kumar, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant Pradeep Kumar seeking his enlargement on bail in Case Crime No. 69 of 2021, under sections 392, 411 IPC, P.S. Majhola, District Moradabad.
Record shows that in respect of an incident which is alleged to have occurred on 21.1.2021, a prompt F.I.R. dated 21.1.2021 was lodged by first informant and was registered as Case Crime No. 69 of 2021, under sections 392, 411 IPC, P.S. Majhola, District Moradabad.In the aforesaid F.I.R. two persons namely Pradeep, Mohd. Raja have been nominated as named accused.
According to the prosecution story, it is alleged that named accused came from behind and snatched mobile Vivo 1915. They were arrested on spot and taken to Police Station concerned.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number on account of rivalry. No injury has been caused by applicant. Applicant is in jail since 21.1.2021. As such, applicant has undergone more than 2 and 1/2 months of incarceration. No recovery has been made from applicant. Recovery itself is doubtful as there is no independent witness of recovery. Offence complained of is triable by Magistrate. Present case is a case of no injury. Appicant is a man of clean antecedents inasmuch as he has no criminal history except present one. In case applicant is enlaged on bail he shall not misuse the liberty of bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant and learned A.G.A. for State and upon perusal of material brought on record as well as the complicity of applicant and without making any comment on merits of the case, I find that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Pradeep Kumar, 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 THE HIM/HER 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/her 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.
Order Date :- 8.4.2021 Arshad