The present bail application has been filed on behalf of the accused-applicant in Crime No. 185 of 2019, under Sections 395, 412 I.P.C. Police Station Sursa, District Hardoi with the prayer to enlarge him on bail.
Heard Mr. Alok Kumar Srivastava, learned counsel for the accused-applicant and Mr. Arun Kumar Pandey, learned A.G.A. appearing on behalf of the State through Video Conferencing in view of Covid-19 pandemic.
Learned counsel for the accused/applicant submitted that accused/applicant was not named in the F.I.R. and there were allegations of theft of gas cylinders. The accused/applicant was arrested after six days of the incident and false recovery had been shown from the joint possession of all the accused persons. It has also been submitted that other co-accused persons namely Pramod Gupta, Sahil alias Bhanu, Dori Lal alias Raju, Kallu and Vipin Kumar Gautam have already been enlarged on bail by co-ordinate Benches of this Court in Bail Application No. 6565 of 2019, 7741 of 2019, 8056 of 2019, 8284 of 2019, 8466 of 2019, so the accused/applicant may be enlarged on bail. The accused/applicant is languishing in jail since 03.06.2019.
Per contra, learned A.G.A. appearing on behalf of the State has opposed the bail application, but did not dispute the parity.
Considered the submissions of both the sides and perused the record.
Considering all the facts and circumstances of the case specially the fact that co-accused persons have been enlarged on bail and accused/applicant is in jail since 03.06.2019, it appears just to enlarge the accused/applicant on bail.
Let the applicant Ram Dulare @ Vikas involved in Crime No. 185 of 2019, under Sections 395, 412 I.P.C. Police Station Sursa, District Hardoi be released on bail on his furnishing a personal bond and two sureties of Rs.50,000/- each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) 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.
(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.
(v)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
Order Date :- 24.5.2021 A.K. Singh