1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0496 of 2020, under Sections 411, 413, 414, 419, 420, 467, 468 and 471 IPC lodged at Police Station Kotwali Nanpara, District Bahraich.
It is alleged that from possession of the accused-applicant and co-accused 17 motorcycles have been recovered; the motorcycles recovered from the accused-applicant and co-accused are stolen items; the accused-applicant and co-accused could not produce any document about their ownership in respect of the motorcycles, which were in their possession; the accused-applicant and co-accused have accepted that they belong to one gang involved in stealing motorcycles; after changing chassis number etc. they sell motorcycles to other persons; the accused-applicant has criminal history of two identical cases; the accused-applicant has been languishing in jail since 22.08.2020.
3. Learned counsel for the accused-applicant submits that except for the offence under Section 413 IPC, other offences are triable by Magistrate; though recovery has been effected, however, nothing has been recovered from possession of the accused-applicant; all the evidence is now with the police and, therefore, there is no chance of tampering the evidences and influencing the trial by the accused-applicant.
4. Mr. Brijendra Singh, learned Additional Government Advocate, has opposed the bail, and submitted that the accused-applicant and co-accused are part of a gang, which has been indulging in offences of similar nature in past as well and, therefore, he is not entitled to be enlarged on bail.
5. I have considered the above submissions made by the learned counsel for the parties. Taking into consideration the submission made by the learned counsel for the accused-applicant that the accused-applicant may be enlarged on bail with some financial burden as a condition precedent and, without commenting upon merit of the case, I find it to be a fit case for grant of bail.
6. Let applicant-Safeek Hazi alias Hazi Stop, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i-a) The accused-applicant shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) in the account of 'Army Battle Causalities Welfare Fund' within a period of six weeks from the date of his release and submit a receipt thereof before the trial court. In case of failure to deposit the aforesaid amount within the stipulated period, his bail shall be treated to have been cancelled and, he shall be taken into custody forthwith.
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 self attested computer generated copy of this 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.
[D.K.Singh,J.] Order Date :- 3.2.2021MVS/-