Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47578 of 2020 Applicant :- Shekhar Bharadwaj Opposite Party :- State of U.P.
Counsel for Applicant :- Lihazur Rahman Khan,Araf Khan Counsel for Opposite Party :- G.A.,Rajiv Tiwari
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It is urged by learned counsel for the applicant that this is second bail application. The First bail application of the applicant was rejected on 26.02.2020 in Crl. Misc. Bail Application No. 8713 of 2020 by this Court.
The changed circumstances for filing the instant bail application is that the co-accused, Anurag Yadav and Priyendra have been enlarged on bail by the coordinate Benches of this Court vide order dated 8.12.2020 and 10.02.2021 in Crl. Misc. Bail Application Nos. 44673 of 2020 and 31092 of 2020 respectively. Applicant is innocent; he has been falsely implicated in this case; he claims parity with the co-accused. Role of firing has been assigned to co-accused, Sohil; there is single gun shot injury; applicant is innocent; he has no criminal antecedents till date; he is languishing in jail since 20.10.2019, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Shekhar Bharadwaj involved in Case Crime No. 589 of 2019 under Sections 396, 412 and 307 I.P.C. Police Station Civil Lines, District-Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(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 party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of the 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.
Order Date :- 27.7.2021 A. Mandhani