Heard learned counsel for the applicant and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicant in Case Crime No.170 of 2021, under Sections 41, 411, 413, 414, 467, 468 and 471 IPC, Police Station Kotwali Nagar, District Sultanpur.
From the version of the first information report, it comes out that the applicant along with others was found riding a stolen motorcycle. It is also contended that there is a gang operating in the district.
Learned counsel for the applicant contends that the applicant is an innocent person and has been falsely implicated in this case. It is further contended that the police had picked the applicant on 25.02.2021 from the market where he had gone to purchase the household items and in this regard, a complaint had been given by the father of the applicant namely Sri Rakesh Kumar Mishra to all the concerned authorities including the Deputy Inspector General of Police, Ayodhya, and Inspector General of Police etc. as would be apparent from perusal of the complaint, a copy of which is Annexure-2 to the bail application. The said complaint had been sent through FAX and the FAX receipts have also been filed along with the said complaint (page 37 of the bail application). It is contended that once the police had itself picked up the applicant from the market and a complaint in this regard had also been made to the concerned authorities, accordingly the police acting in a malicious manner have implicated the applicant in the theft of vehicles and hence the present bail application. Learned counsel for the applicant has also contended that the applicant has been confined in jail since 27.02.2021.
On the other hand, learned AGA has opposed the bail application but did not dispute the aforesaid facts.
Having heard learned counsel for the parties and having perused the records what is apparent is that the applicant had been caught on 27.02.2021. However, from a further perusal of the record, it is apparent that a complaint of the applicant having been picked up from the market by the police had been lodged by the applicant's father on 25.02.2021 and the copy of the complaint and FAX receipts have also been brought on record. Even otherwise, the applicant is in jail since 27.02.2021. Considering the aforesaid and the fact of the present COVID-19 situation prevailing in the State, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Shivansh Mishra, involved in the aforesaid crime number 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 which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 18.5.2021 A. Katiyar