Supplementary affidavit has been filed, which is taken on record.
Heard learned counsel for the applicant and the learned AGA.
This bail application has been filed on behalf of the applicant who is involved in Case Crime No. 1095 of 2016, under Sections 379, 411 I.P.C. P.S. North , District Firozabad.
It is sought to be urged that the incident was reported on 24.08.2016, there is no recovery from the applicant; recovery memo would merely mention that the applicant was standing outside the vehicle in market place. It is sought to be urged that the prosecution case is false and fabricated. The criminal history has been explained and there is no case of theft. The applicant is languishing in jail since 25.08.2016.
Learned AGA also does not dispute the fact.
Considering the facts and circumstances of the case, to my view, it is a fit case for bail.
Let the applicant-Sharad @ Mannu be released on bail in the above case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 8.11.2016 APP