1. Heard Sri Anil Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 171 of 2020, under Sections 41, 411, 413 I.P.C., Police Station - Cantt., District - Lucknow.
3. Submission of learned counsel for the applicant is that as per first information report, which is based on on a recovery memo, it is stated that in the night of 19.12.2020, the applicant alongwith another person were apprehended by the Police alongwith a plastic bag which contained brass bells, alleged to be stolen. On the recovery of aforesaid articles, the FIR has been lodged. It is submitted by learned counsel for the applicant that there is no FIR on record which can be connected with the property recovered and therefore the entire contents of the present FIR are false and frivolous. It is further contended that the applicant does not have any criminal history and that there is no independent eye witness of the recovery, despite the fact that the recovery has been made from a public place. The applicant is in jail since 19.12.2020, and there are no chances of his fleeing from justice.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Salman @ Shanu be released on bail in Case Crime No. 171 of 2020, under Sections 41, 411, 413 I.P.C., Police Station - Cantt., District - Lucknow, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
Order Date :- 11.2.2021 A. Verma (Alok Mathur, J.)