Heard Sri Anil Kumar Dubey, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Raja @ Sujeet, seeking enlargement on bail during trial in connection with Case Crime No.157 of 2020, under Sections 376D, 511, 452, 323, 506, 427, 190 IPC, registered at Police Station Cantt. District Prayagraj.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the FIR has been registered against the applicant and co-accused Vishal alleging false and incorrect allegations. The FIR has been registered under Sections 354 Kha, 452, 323, 506, 427 IPC and subsequently during investigation Section 376D and 511 IPC have been added in the present case just to give it a different colour. Co-accused Vishal Sonkar has been granted bail by coordinate Bench of this Court vide order dated 25.11.2020 passed in Criminal Misc. Bail Application No.40958 of 2020 and further Co-accused Ajeet Kumar has also been granted bail by coordinate Bench of this Court vide order dated 12.01.2021 passed in Criminal Misc. Bail Application No.857 of 2021, copy of the said orders are annexed as Annexure No.9 to the affidavit filed in support of bail application. The case of the applicant is identical to that of co-accused Vishal Sonkar, hence parity is claimed. It has also been pointed out that the applicant is not having any criminal history as stated in para 20 of the affidavit and is in jail since 03.06.2020.
Per contra learned counsel for the State has opposed the prayer for bail but could not dispute that co-accused Vishal Sonkar and Ajeet Kumar have been granted bail by coordinate Benches of this Court.
After hearing the counsel for the parties and perusing the record, it is apparent that the present case is a case of parity as co-accused Vishal Sonkar whose case is identical to the case of applicant, has been granted bail by coordinate Bench of this Court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Raja @ Sujeet, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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.
(v) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 25.8.2021 Gaurav