Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12753 of 2021 Applicant :- Sandeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Gupta,Indra Bhahadur Yadav,Kamal Yash Sahwal,Ravindra Pratap Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Dubey
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarged him on bail in Case Crime No. 1929 of 2020, under Section 392, 411, 34, 120-B I.P.C., Police Station Indrapuram, District Ghaziabad.
Learned counsel for the applicant submit that according to the F.I.R. version on 01.12.2020 at about 9:15 p.m., an unknown person came on the shop of the informant and looted Rs.5,00,000/- from the cash box of the informant. He submits that on 04.12.2020 applicant and Joginder were arrested and Joginder stated that he committed the loot and applicant salesman of the shop did not object much in committing loot. He further submits that applicant was salesman on the informant's shop that's why he has been implicated in the present case. He further submits that false recovery of Rs.40,000/- has been shown against the applicant. He further submits that the co-accused Vikas @ Pintu has been granted bail by co-ordinate Bench of this Court vide order dated 15.06.2021 in Criminal Misc. Bail Application No.13004 of 2021. Therefore, the applicant is entitled for bail on the ground of parity. He further 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. It is next contended that applicant has no other criminal history is languishing in jail since 04.12.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant was salesman on the shop and he was also involved in the loot. He was arrested and Rs.40,000/- have been recovered from his possession. But conceded that the co-accused has been enlarged on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of the the co- accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Sandeep Kumar involved in aforesaid case crime be released on bail on his/her 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 applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
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 for cancellation of bail.
Order Date :- 12.8.2021/Zafar