Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive. No specific role is assigned to the applicant, rather the son (co-accused Jitendra Kumar Yati) is said to have extract/received money from the victims and the case of applicant is distinguishable from that of co-accused Jitendra Kumar Yati. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length. It is next submitted that co-accused, Satyendra Kumar Yati and Dharmendra having identical role have already been granted bail by this Court vide orders 18.2.2021 and 19.8.2021 in Criminal Misc. Bail Application Nos. 7740 of 2021 and 29486 of 2021, therefore, the applicant is also entitled for bail on the ground of parity. It has been further submitted that applicant is in jail since 04.06.2021 having no other criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. has vehemently opposed the prayer 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- Ramashankar Yati, involved in Case Crime No. 45 of 2019, under Sections- 419, 420, 406 I.P.C., Police Station- Ubhaon, District Ballia, be enlarged on bail on his executing a personal bond and two sureties 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 fulfilment 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.8.2021 Rmk.