Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35322 of 2021 Applicant :- Praveen @ Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Anubhav Shukla,Ram Shiromani Shukla,Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 245 of 2021, under Section 392/411 IPC, Police Station - Kotwali, District - Bareilly with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged on 09.07.2021 against unknown auto driver. It was alleged in the FIR by complainant Madhu Yadav that on 07.07.2021 her purse was snatched by an unknown auto driver and the matter was reported to the police.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for the applicant that the present applicant was not named in the FIR and his name has surfaced as an accused of this incident on the basis of the information given to the police by the police informer. It is also submitted that the applicant has been nominated in this case on the basis a fake and false recovery to which there is no public witness. The learned counsel also submits that the family of applicant is at the verge of starvation, as the applicant was the sole bread winner. It is also argued that the offence is triable by the Court of Magistrate. Lastly, it is argued that the applicant is in jail since 24.7.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
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, considering the nature and circumstances of this case, considering that no proper identification of the accused was conducted, considering that the offence is triable by the court of magistrate and taking into account all other 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 applicant Praveen @ Babu 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 :- 25.10.2021 LBY