Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13005 of 2021 Applicant :- Ramveer Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Krishna Gopal, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Ramveer Yadav seeking his enlargement on bail in Case Crime No. 468 of 2020, under Sections 411, 413, 414, 483 and 420 IPC, P.S. Quila, District Bareilly, during pendency of trial.
Record shows that in respect of an incident, which is alleged to have occurred on 05.12.2020, a delayed F.I.R. dated 06.12.2020 was lodged by first informant S.I. Ajay Kumar and was registered as Case Crime No. 468 of 2020, under Sections 411, 413, 414, 483 and 420 IPC, P.S. Quila, District Bareilly. In the aforesaid F.I.R. three persons namely Rahul Saxena, Akash Yadav and Ramveer Yadav have been nominated as named accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that named accused are in the habit of committing theft of motorcycles.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in jail since 05.12.2020. As such, applicant has undergone more than four months of incarceration. It is then contended that co-accused Akash Yadav has already been enlarged on bail by this Court, vide order dated 12.2.2021. For ready reference, order dated 12.2.2021 is reproduced herein under:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 468 of 2020, under Sections 411, 413, 414, 483, 420 IPC, Police Station Kila, District Bareilly with the prayer to enlarge the applicant on bail.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. It is submitted that as per FIR accused applicant was arrested along with two other co-accused persons by the police and recovery of motorcycle has been shown from the possession of the accused persons. It is further submitted that there is no public witness of the alleged recovery. It is next submitted that no proper identification parade was conducted by the police to ascertain the real culprit and the offence is triable by the Court of Magistrate. Lastly it is argued that the applicant has no criminal history and is languishing in jail since 06.12.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Akash Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to 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 may 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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. "
In view of above, for the facts and reasons recorded in order dated 12.2.2021, applicant is liable to be enlarged on bail. Case of present applicant is similar and identical to that of co- accused Akash Yadav. Ground of parity is claimed with co- accused Akash Yadav. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed this application. However, he could not dispute the submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Ramveer Yadav, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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. 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.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 8.4.2021 HSM