Heard learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicants that applicants have been falsely implicated in the present case. Whatever recovery shown from the possession of the applicants is frivolous. It is next submitted that co-accused, Roshan Singh Chauhan, having an identical role has already been enlarged on bail by this Court on 15.12.2020 in Criminal Misc. Bail Application No. 46329 of 2020. Applicants have criminal history of two cases, which is explained in the affidavit and they are in jail since 4.10.2020, undertakes that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants- Shani Chauhan Alias Chaiya & Hari Shanker @ Mangal Chauhan, involved in Case Crime No. 229 of 2020, under Sections- 419, 420, 467, 468, 471, 34 I.P.C., Police Station- Suriyawan, District S.R. Nagar (Bhadohi), be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
5. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicants 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 their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.1.2021 Arvind