Called on.
Heard learned counsel for the accused-applicant, learned counsel Sri Shiv P. Shikla, Advocate for the Union of India and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicant-Rehan Siddiqui who is involved in Case Crime No. 2533 of 2019, under Section 143 of Railway Act, Police Station RPF, Post Gonda, District Gonda.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Additional District and Sessions Judge/Special Judge (EC) Act, room no. 4, Gonda vide order dated 30.01.2021.
Learned counsel appearing for the Union of India stated that he has to protest the bail plea of the accused-applicant on the basis of instructions and the copy of the diary with him.
Learned counsel for the accused-applicant, reading over the First Information Report, submitted that according to the case of prosecution the accused-applicant was arrested by the police of Police Station Harraiya, District Basti on 08.12.2019 from Bus Station, Basti along with co-accused Abhay Pratap Singh and recovery of Railway Reservation Tickets, two laptops and two mobile phones were made from their possession. On the basis of the said recovery, a case vide case crime No. 0269 of 2019 under Sections- 34, 419, 420 IPC and Section 43, 65, 66, 66(C), 66 (D), 70 of I.T.(Amended) Act, 2000 was registered at Police Station Harraiya, District Basti in which he has been granted bail by this Court vide order dated 22.01.2021, annexed as Annexure No.3 to the bail application.
It is further submitted that the offence is triable by Magistrate first class and maximum punishment is three years. It is further submitted that co-accused, namely, Nandan Gupta, Amit Gupta and Abhay Pratap Singh, having similar role to that of present accused-applicant, have already been granted bail by Co-ordinate Benches of this Court vide orders dated 06.03.2020, 11.06.2020 and 14.07.2020 passed in Bail Nos. 2463 of 2020, 2654 of 2020 and 4598 of 2020 respectively.
Learned counsel further contended that accused-applicant has no other criminal antecedents except present one and the Case Crime No. 0269 of 2019 in which he has been granted bail. Further submission is that there is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned counsel appearing for the Union of India has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and Others reported in [(2018) 3 SCC 22], I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant-Rehan Siddiqui be released on bail in Case Crime No. 2533 of 2019, under Section 143 of Railway Act, Police Station RPF, Post Gonda, District Gonda, on his furnishing a personal bond worth Rs. 100,000/- (One lac) and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being 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.
Order Date :- 17.2.2021 kkv/