Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant seeks bail in Case Crime No.39 of 2021 under sections 419, 420, 467, 468, 471 & 60/63 Excise Act, Police Station Kasimpur, District Hardoi.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case and he has not committed the offence as alleged. It has also been submitted that the applicant is not the owner of the vehicle from which the alleged recovery has been shown and there is no independent witness of the alleged recovery. Learned counsel further submitted that total eight persons were arrested, out of which seven have been released on bail by the court below and the bail application of the applicant has been rejected on the ground that the applicant has the criminal history of ten cases. It is next argued that the criminal history of ten cases has been explained in paras 9 to 18 of the affidavit filed in support of the bail application and out of ten cases, the applicant has been acquitted in three cases and in rest cases, the applicant is on bail and he never misuse the liberty of bail and always cooperating in trial. Learned counsel for the applicant has also submitted that all criminal cases are prior to the year 2017. The applicant is in jail since 29.01.2021 and the charge-sheet has already been filed on 24.04.2021. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail and submitted that the applicant has the criminal history of ten cases and all are of similar in nature. The applicant is also an accused of the offence punishable under section 302 IPC, and therefore, looking to the allegations, the applicant is not entitled for bail but he could not contradicted the other facts.
Taking into consideration the facts and the material available on record as also the fact that other co-accused of the case have been granted bail by the court below and there is no allegation with regard to non-cooperation of the applicant in the pending trial and the applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions of bail imposed by this Court I am inclined that it is a fit case for grant of bail to the applicant. Thus the present application is allowed.
Let the applicant Samad Mishra @ Sarvendra Kumar be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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.
Order Date :- 18.8.2021 VNP/-