Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29807 of 2021 Applicant :- Ram Surat Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava,Sheeladitya Harshvardhan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Saksham Srivastava, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ram Surat with a prayer to release him on bail in Case Crime No. 455 of 2020, under Sections 4/5 of Explosive Substances Act, Police Station-Kydganj, District-Prayagraj, during pendency of trial.
It has been argued by learned counsel for the applicant that earlier an FIR was lodged on 15.10.2010 by one Mohd. Rizwan against unknown persons pursuant to which the police personnel went for recovering the missing child from where certain explosive material was recovered from the applicant for which the present FIR has been lodged. For the same incident, a separate FIR was also lodged against Ram Surat (applicant herein), Naim Ali, Jamila, Dr. Gautam and his wife Vandana Gautam in which the other accused persons have been granted bail by the court below. It has further been argued by learned counsel for the applicant that the present FIR is offshoot of the incident for which earlier an FIR was lodged and in the said FIR, the applicant has already been granted bail by the co- ordinate Bench of this Court vide order dated 24.06.2021 passed in Cri. Misc. Bail Application No.17673 of 2021, copy of which order has been appended as Annexure no.3 to this application. It has further been argued that in the earlier case, the applicant has been granted bail, whereas pursuant to which a case under the gangster act has also been registered against him. The applicant is languishing in jail since 24.10.2020. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned A.G.A. as well as counsel for the informant have opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties 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, let the applicant 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 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 their 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative(s)/counsel of the applicant along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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 :- 22.9.2021 Jitendra/-