Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46025 of 2018 Applicant :- Ram Autar @ Palu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Maurya,Janardan Yadav,Maiku Lal Maurya Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Ram Autar @ Palu for bail in Case Crime No. 229 of 2018, under Sections 419, 420 I.P.C. & 66 Information Technology (Amendment) Act 2008, Police Station Jiyanpur, District Azamgarh.
Heard Sri Janardan Yadav, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. He is not named in the First Information Report. No incriminating article was recovered from his possession. Police has shown false recovery of ATM cards and other incriminating articles. He has no criminal history. On the basis of aforesaid false recovery, police has also connected the applicant in two other cases as case crime no. 127 of 2018 under Sections 392 and 411 I.P.C. and case crime no. 138 of 2018 under Section 4/25 Arms Act. Both cases were manufactured by the police. Co-accused Dharmendra Rajbhar has already been enlarged on bail by the co-ordinate Bench of this Court. He is in jail since 14.8.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Ram Autar @ Palu involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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. and (iv) argument/judgement.
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.
Order Date :- 20.12.2018 Saurabh