Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13535 of 2021 Applicant :- Shahrookh Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Mohammad Abbas Abdy,Arshi Abdy Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Syed Mohammad Abbas Abdy, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This bail application has been filed by applicant-Indrasen Rai seeking his enlargement on bail in Case Crime No. 781 of 2020 under Sections 395, 397, 412 I.P.C., Police Station-Dadri, District-Gautam Buddh Nagar, during pendency of trial.
4. Perusal of record shows that in respect of an incident which is alleged to have occurred on 16.11.2020, a prompt F.I.R. dated 16.11.2020 was lodged by first informant Sri Yogendra Singh, and was registered as Case Crime No. 781 of 2020 under Sections 395, 397, 412 I.P.C., Police Station-Dadri, District- Gautam Buddh Nagar. In the aforesaid F.I.R., two unknown persons have been nominated as accused.
5. According to prosecution story as unfolded in the F.I.R., it is alleged that two unknown persons came to brick-klin of first informant and looted two tractors which were of Mahindra and Eiche make. After registration of the aforesaid F.I.R., Police proceeded with statutory investigation of above mentioned case crime number. During course of investigation Police arrested three persons namely Shahrookh, Imran and Aquil. From the joint possession of aforesaid accused, one looted Eicher Tractor was also recovered.
6. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in the F.I.R.. Applicant is in custody since 21.11.2020. As such, applicant has undergone incarceration of more than four months. Applicant has clean antecedents inasmuch as he has no criminal history. It is then contended that co-accused Imran and Aquil have already been enlarged on bail by this Court in above noted case crime number. Bail order of co-accused Imran is on record at page 23 of the paper-book. On the basis aforesaid bail orders, bail has been granted in favour of co-accused Aquil by this court vide order dated 19.03.2021. Copy of the order dated 19.03.2021 has been placed before Court. Same is taken on record and is reproduced herein in under:-
"Heard Sri Amit Kumar Chaudhary, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. The false recovery of one tractor has been shown by the police from the joint possession of the applicant and other co-accused persons. There is no independent public witness of the alleged recovery. Co-accused Imran has already been granted bail by the court below (copy of bail order produced before the Court is taken on record). It is further submitted that the applicant is also entitled for bail on the ground of parity. After the arrest of the accused-applicant in the present case, he was roped in three other cases. Criminal history of applicant has been explained in paragraph-14 of the affidavit filed in support of the bail application. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is in jail since 21.11.2020 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Aquil be released on bail in Case Crime No.781 of 2020, under Sections 395, 397, 412 I.P.C., Police Station- Dadri, District Bulandshahr on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison."
7. He lastly contends that in the light of the order dated 19.03.2021, applicant is also liable to be enlarged on bail as the case of present applicant is similar and identical to that of co accused Aquil, who have been granted bail by this Court. There is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case, he is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
8. Per contra learned A.G.A. has opposed the prayer for bail.
9. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
10 Accordingly, bail application is allowed.
11. Let the applicant- Shahrookh involved in 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 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.
12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
13. 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 :- 8.4.2021 YK