Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Shakeel @ Bablu with a prayer to release him on bail in Case Crime No. 396 of 2020, under Section3/5/25 of Arms Act, police station Chandausi, district Sambhal during the pendency of trial.
It is submitted by learned counsel for the applicant that on 15.9.2020 police lodged the first information report against two persons namely, Shakeel @ Bablu (applicant) and co-accused, Satyaveer showing a false and fabricated recovery from the premise, which is situated in the agricultural field of one Mittal. The main substratum of argument of learned counsel for the applicant is that the premise from where recovery has been shown is not belongs to the applicant. The applicant as well as co-accused have been implicated in this case on the basis of joint recovery of country made pistols etc. It is next submitted that the recovery is not supported by any public witness therefore, possibility of false implication of the applicant in a crime cannot be ruled out. It is further submitted by learned counsel for the applicant that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive. He next submitted that the co-accused, namely, Satyaveer has been granted bail by the coordinate Bench of this Court vide order dated 8.12.2020 passed in Criminal Misc. Bail Application No. 44474 of 2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 15.9.2020. It is again submitted that the applicant has a criminal history of thirteen cases to his credit, which has been mentioned and explained in paragraph No. 2 of the first supplementary affidavit and in paragraph No. 2 of second supplementary affidavit filed in support of the bail application by contending that out of thirteen cases, in ten cases the applicant is already on bail. So far as Case Crime No. 100 of 2011, under Sections 147, 148, 307, 149 IPC, police staiton Kunderki, district Moradabad is concerned, the applicant has been acquitted by the learned Additional Sessions Judge/Ex-Cadre, court No. 2 Moradabad vide order dated 25.2.2012, and the applicant is not wanted in remaining two cases i.e. Case Crime Nos. 503 of 2014 and 237 of 2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Shakeel @ Bablu involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) 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.
(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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.2.2021 Sumaira