Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant seeks bail in Case Crime No.0876 of 2020 under sections 34, 419, 420, 467, 468, 471 IPC, section 65, 66-C, 66-D and 72 of Information Technology (Amendment) Act, 2008 P.S. Lalganj, District Pratapgarh.
Learned counsel for the applicant has submitted that the applicant is innocent and he has not committed any offence as alleged. It has also been submitted that nothing has been recovered from the possession of the applicant but his name has been taken by the other co-accused. It is submitted that there is no independent witness of the alleged recovery and the mandatory provisions of the Cr.P.C. has not been complied with. The applicant is in jail since 19.12.2020 and the charge-sheet has already been filed on 06.03.2021 thus, there is no possibility of accused applicant influencing the investigation. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the evidence. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail and submitted that the applicant has committed the offence and looking to the allegations, the applicant is not entitled for bail but he could not contradicted the aforesaid fact.
I have considered the fact that during the course of argument, learned A.G.A. has not made any apprehension with regard to the threat or tampering with the prosecution witnesses or documentary evidence. There is no allegation with regard to non-cooperation with the investigating agency. The applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court.
In view of above facts and circumstances of the case, I am satisfied that there is no reason of apprehension that he would not co-operate with the trial and his presence can not be ensured and the fact situation tilts in favour of the applicant in the absence of any concrete material that he is likely to tamper with the witnesses and further the apprehension in the mind of the witness as also the material brought on record, the foundation of accusations, I am inclined that it is a fit case for grant of bail to the applicant.
Thus the present application is allowed.
Let the applicant Rama Shankar @ Babbu be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. 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.
4. 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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 :- 30.7.2021 VNP/-