The case is called out.
Heard learned counsel for the applicant, Sri Gyandendra Kumar Pandey holding brief of Sri Gyaneshwar Prasad Pandey, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.185 of 2019, under Sections 395, 412 I.P.C., Police Station - Sursa District - Hardoi.
The occasion of present bail application arisen on rejection of bail plea of applicant by District and Sessions Judge, Hardoi on 26.9.2019 in the aforesaid case crime.
Learned counsel for the applicant submits that the accused applicant is arrested in the vengeance due to some political rivalry. He further drew attention towards the para-9 of the affidavit wherein, it is mentioned that the applicant was arrested by the police from his agricultural field and falsely implicated in the aforesaid case crime.
He further submits that on bare perusal of the FIR, it appears that chowkidar of the godown narrated the date of incident as 24.5.2019. At about 11:00 p.m. in the night five to six miscreants came into godown, put him on the pistol point and broken the lock of the godownand by making four trips (up and down) by a small size vehicle taken away 313 gas cylinder of 14.2 kg. and 191 gas cylinder of 19.00 kg out of them 13 are filled with gas, out of them 7 cylinders, one computer set, one printer and 20 gas stoves. Since, chowkidar was in captivity of the offender, the offenders snatched away his mobile phone and Rs.1386/- from his pocket.
On the basis of the above narration the bail applicant argues that there is no identification of the unknown accused persons by chowkidar or other independent witnesses.
Learned counsel for the bail applicant further drew attention towards the recovery memo, wherein 5 persons were shown by them in a Maruti Omni Car bearing No.UP78 CL 5363 were sitting inside the car with having eight gas cylinders. The police further discloses that no witnesses were there to identify the accused persons.
Learned A.G.A protest the bail application and submits that the involvement of the accused is found on the reliable source of the police and on disclosure of Pramod Gupta one of the co-accused. Moreover, the involvement of accused applicant is established by recovery memo. The offence is triable by Sessions Judge and having punishment of 10 years to life imprisonment. Looking into the severity and nature of the offence, the accused should not be released on bail.
Learned counsel for the bail applicant in rebuttal further submits that the accused is languishing in jail since 3.6.2019 and other co-accused Pramod Gupta has already been granted bail by this Court vide order dated 1.8.2019, therefore, he should also be given benefit of parity as having the same role with the accused as shown by the police.
He further submits that the accused applicant have no any criminal history, therefore, he should be released on bail so as to ensure his presence in the trial and put his defence fairly before the concerned court.
Considering the facts and circumstances of the case, perusing the material available on record and also considering the nature of allegations, arguments advanced by learned counsel for the parties. The case against the accused is triable by Sessions Judge. Accused-applicant is languishing in jail since 3.6.2019. I find force in the submissions of learned counsel for the bail applicant. Therefore without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Sahil @ Bhanu) be released on bail in the aforesaid case crime number on his furnishing a personal bond 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 :- 27.8.2019 Gaurav/-