Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34106 of 2021 Applicant :- Shyam Singh Yadav @ Shyam Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 65 of 2021, under Sections 272, 273, 420 IPC, Police Station Bindki, District Fatehpur.
Learned counsel for the applicant submits that Gyan Singh and Raju @ Raju Raidas were arrested along with adulterated milk who have been granted bail by co-ordinate Bench of this Court vide orders dated 16.08.2021 13.09.2021 in Criminal Misc. Bail Application Nos. 18354 of 2021 & 27231 of 2021, therefore, the applicant is entitled for bail on the ground of parity. He submits that according to FIR applicant has been shown fled away from the spot and applicant surrendered before the court thereafter he was taken to remand and recovered adulterated milk. He submits that applicant is brother of Gyan Singh who has already been enlarged on bail and mala- fidely he has been implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 23.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that applicant is brother of Gyan Singh and from his house on pointing out of Gyan Singh and co- accused Raju @ Raju Raidas materials adulteration of the milk has been recovered, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused arrested on spot, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Shyam Singh Yadav @ Shyam Singh involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.9.2021 Israr