Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46113 of 2020 Applicant :- Ravish Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Seema Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Re: Criminal Misc. Correction Application No. 01 of 2021
Heard.
Learned counsel for the applicant prays for and is permitted to correct the prayer clause of the bail application by inserting Section 120B I.P.C.
Correction application is allowed.
Necessary corrections have been incorporated in the order dated 17.12.2020. The Correct order shall read as under:
"Heard Sri Bhavishya Sharma, learned counsel holding brief of Sri Sarvesh Kumar Dubey, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No. 586 of 2020 at Police Station- Kotwali Nagar, District- Etah on 03.09.2020, under Sections 394 IPC.
The bail application of the applicant was rejected by learned Special Judge (Dacoity Affected Area)/Additional Sessions Judge, Etah on 09.10.2020.
The applicant is in jail since 05.09.2020 pursuant to the said F.I.R.
Sri Bhavishya Sharma, learned counsel holding brief of Sri Sarvesh Kumar Dubey, learned counsel for the applicant contends that the applicant was not named in the FIR. The applicant was falsely implicated in a confessional statement given by the co-accused to the police authorities. False recovery has been shown from the applicant. There is no independent witness of the recovery. The applicant claims parity with the case of other co-accused who have been granted bail by this court. The co-accused Amit Solanki, Rameshwar @ Sanni and Ravi Sharma @ Bhola have been granted bail by this court in Criminal Misc. Bail Application no. 41675 of 2020, Criminal Misc. Bail Application no. 40335 of 2020, Criminal Misc. Bail Application no. 35641 of 2020, respectively.
Learned A.G.A. has opposed the bail application.
The applicant has satisfactorily explained his criminal history.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Ravish Yadav be released on bail in Case Crime No. 586 of 2020 at Police Station- Kotwali Nagar, District- Etah, under Sections 394, 411 and 120B IPC., registered on 03.09.2020 at Police Station- Kotwali Nagar, District- Etah, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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. "
The order dated 17.12.2020 containing the errors shall be deleted from the uploaded website and shall be replaced by the correct order. However, the order passed on 17.12.2020 containing the errors shall remain in the ordersheet/record.
Order Date :- 5.1.2021 Dhananjai