Heard learned counsel for the applicant, Sri Prem Shanker, Advocate holding brief of Sri Mahendra Ram Maurya, learned counsel for the informant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that delayed F.I.R. was lodged on 13.8.2019, but there is no explanation of delay in lodging the F.I.R. After investigation, final report no. 163/19 was submitted on 24.1.2019 and after reinvestigation, charge sheet was submitted against co-accused Vinod Kumar on 7.11.2020. It is next submitted that informant is having all grievance against Vinod Kumar. Earlier co-accused Vinod Kumar has given an affidavit dated 1.10.2020 in favour of the applicant and later on he has filed another affidavit dated 13.11.2020 against the applicant and on the basis of said affidavit, applicant was arrested by the police. It is also submitted that by perusal of the F.I.R. as well as police report, it is clear that main accused is Vinod Kumar and applicant has been falsely implicated in the present case. The applicant is having criminal history of four cases which are explained. He is in jail since 11.8.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. as well as learned counsel for the informant 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 applicant- Sonu Pinna @ Snil Mittal, involved in Case Crime No. 468 of 2019, under Sections- 406, 420, 467, 468, 471 I.P.C., Police Station- New Mandi, District Muzaffar Nagar, be enlarged on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 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 his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his 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 :- 19.1.2021 Rmk.