Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12989 of 2021 Applicant :- Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rudra Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rudra Kant Mishra, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Raj Kumar seeking his enlargement on bail in Case Crime No. 8 of 2021, under sections 394, 411 IPC, Police Station- Chopan, district Sonebhadra during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 6.1.2021, a delayed F.I.R. dated 9.1.2021 was lodged by first informant Rajkumar, which was registered as Case Crime No. 8 of 2021, under sections 394, 411 IPC, Police Station- Chopan, district Sonebhadra. In the aforesaid F.I.R. four unknown persons have been nominated as accused.
According to the prosecution story as unfolded in F.I.R. it is alleged that four unnamed persons snatched cash in the possession of first informant along with his mobile. It is further alleged that unknown accused persons caused injuries to the first informant.
After registration of aforesaid F.I.R., Police proceeded with statutory investigation of aforesaid case crime number in terms of Chapter XII Cr.P.C.On 10.1.2021 Police arrested Amand Chandra, Raj Kumar (Applicant herein), Ravi Kumar and Prem Kumar and also recovered certain goods.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in jail since 10.1.2021. As such he has undergone almost three months of incarceration. Applicant is not named in F.I.R. Alleged recovery is doubtful as there is no public witness to support the same. Co-accused Ravi Kumar, Prem Kumar have already been enlarged on bail by this Court vide orders dated 23.3.2021 and 12.3.2021. Their bail orders have been placed before court and are taken on record. It is thus urged that for the facts and reasons recorded in aforesaid bail orders, applicant is also liable to be enlarged on bail. Case of present applicant is similar and identical to aforesaid co- accused. As such applicant is liable to be enlarged on bail on the ground of parity. In case applicant is enlarged 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 of the learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail.
Let the applicant Raj 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