Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35006 of 2021 Applicant :- Rajesh Sharma @ Pandit Opposite Party :- State Of U.P Counsel for Applicant :- Sanjay Shukla,Hari Om Sharan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 1416 of 2020, under Section 379, 411 IPC, P.S. Madhuban Bapudham, District Ghaziabad.
Learned counsel for the applicant submits that according to FIR version, Honda City Car No. DL 2 FEL-0050 was stolen in the night of 7/8.10.2020. He further submits that six persons including the applicant were arrested by the police on 28.12.2020 along with the stolen Car. He also submits that co-accused Kuldeep Kumar Verma and Mohd. Asif have been enlarged on bail in Criminal Misc. Bail Application Nos.18520 & 23747 of 2021 vide orders dated 17.08.2021 and 06.08.2021 respectively. Applicant has no previous criminal history, after arrest in the present case police has falsely implicated the applicant in six other cases, out of which in three cases he has been enlarged on bail, which is explained in para 9 of the affidavit filed in support of bail application. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and applicant is languishing in jail since 10.02.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant has criminal history of six cases of similar nature, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature and punishment provided for the offence as well as enlargement of co-accused on bail and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Rajesh Sharma @ Pandit involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates 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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 22.9.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.09.27 09:54:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad