Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.165 of 2019, under Section 323, 325, 406, 504, 506 IPC, P.S. Aurangabad, District Bulandshahr.
Learned counsel for the applicants submits that as per FIR version, on 17.06.2019 applicants committed marpeet in which a teeth of Harsh Gaur was damaged. He further submits that with regard to a cheque when payment was not made, a case under Negotiable Instrument Act has been registered. Applicant no.2 has criminal history of four cases, out of which in one case applicant has been acquitted & in two cases he has been enlarged on bail & one case is pending against him, and applicant no.1 has criminal history of two cases out of which in one case he has been enlarged on bail & one case is pending against him, which are explained in para 17 and 18 of the affidavit filed in support of bail application. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 22.02.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant no.1 issued a cheque which has bounced regarding which a complaint case is pending against the applicant and in the incident one teeth of Harsh Gaur has damaged and applicants have criminal history of two and four cases, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence and perusing the material on record, without expressing any opinion on merit of the case the applicants are entitled for bail, let the applicants Rikul and Amrish @ Babloo involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure them 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 them, 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 applicants 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.
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 :- 24.8.2021 MAA/-