Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23343 of 2019 Applicant :- Shailesh Saxena Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 84 of 2019, under Sections 420/ 467/ 468/ 471/ 506/ 120B/ 34 IPC and under Section 18, 19 and 20 of Transplantation of Human Organs Act 1994 P.S Barra District Kanpur Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive; that the applicant is not named in the FIR; that even in the statement recorded under Section 161 Cr.P.C. complainant has not assigned any role to the applicant; that the involvement of the applicant accused has been shown merely on the basis of statement of co-accused T. Raj Kumar Rao and Gaurav Mishra, who have already been granted bail by another co-ordinate bench of this Court vide order dated 14.5.2019 and 29.5.2019 passed in Criminal Misc. Bail Application Nos. 20082/19 and 22630/19; that except the statement of the co-accused, there is no evidence against the applicant; that in the alleged incident that no transplantation of human organ has taken place and only an attempt was made; and that the role assigned to applicant is not grave than the role of the co-accused, who have been granted bail; and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 17.2.2019 having no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Shailesh Saxena involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to 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 may 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.
Order Date :- 14.6.2019 Rk