Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11557 of 2021 Applicant :- Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant submitted that due to incorrect information received from earlier counsel, applicant could not appear before the Court below resulting into issuance of non-bailable warrant against him and pursuance to which applicant was arrested. Except present case, applicant is having no criminal history either prior to this case or after this case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 27.11.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Raju, involved in Case Crime No. 213 of 2013, under Sections- 147, 148, 149, 307/34 I.P.C., Police Station- Hathras Junction, District -Hathras, be enlarged on bail on his executing a personal bond and two heavy sureties (one should be direct family member) each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
8. In case of absence of applicant before the court below in any future dates without adopting procedure of law, this bail order shall deemed to be cancelled and court below shall proceed against the applicant in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
However, the trial court is directed to make all possible efforts to conclude the trial expeditiously, if possible, within a period of six months from the date of production of computer generated copy of this order.
Order Date :- 30.7.2021 Sartaj