Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45401 of 2020 Applicant :- Shahnawaz @ Bhaiya Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.335 of 2020, under Sections 394, 412 I.P.C., Police Station Ramgarh, District Firozabad.
It is submitted by learned counsel for the applicant that applicant and co- accused Babar @ Munna were apprehended from the spot, who has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.37472 of 2020, vide order 4.11.2020. Applicant's case is at par with co-accused released on bail. The applicant, having no criminal antecedent, is languishing in jail since 14.8.2020.
Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, nature of offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the aforesaid case crime be released on bail on his 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(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, 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 :- 6.1.2021 m.a.