1. Heard Mr. Deepak Kumar Tripathi, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. This bail application has been filed by applicant-Suleman @ Sonu seeking his enlargement on bail in Case Crime No.105 of 2020 under Sections 457, 380, 411 I.P.C. and Section 25 Indian Telegram Act, Police Station-Dharamsinghwa, District-Sant Kabir Nagar, during pendency of trial.
4. Perusal of record shows that in respect of an incident which occurred on 15.10.2020, an F.I.R. dated 12.07.2020 was lodged by first informant Rajan Verma, Technical Nexus Engineer Company, Gorakhpur and was registered as Case Crime No.0105 of 2020 under Sections 457, 380, 411 I.P.C. and Section 25 Indian Telegram Act, Police Station-Dharamsinghwa, District-Sant Kabir Nagar. Aforesaid F.I.R. was registered against unknown person.
5. According to the prosecution story as unfolded in the F.I.R. it is alleged that on 15.10.2020 at 7.00 AM, a theft was committed by some unknown person and Mobile Towar 600AH, 24 Battry alongwith Rack as well as three Module Delta 4000W were stolen. Aforesaid accused persons were arrested and from their possession certain recoveries were made.
7. Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is not named in F.I.R. He is in jail since23.10.2020. It is next conteded that applicant has criminal history, which has been explained in paragraph 13 of the affidavit filed in support of present bail application. It is further contended that co-accused Santosh Sahani and Surendra Sahani have been enlarged on bail vide order dated 04.01.2021 passed in Criminal Misc. Bail Application No. 47955 of 2020. Similarly, co-accused Sandeep Upadhyay has been enlarged on bail vide order dated 07.01.2021 passed in Criminal Misc. Bail Application No. 48472 of 2020. He also contends that case of present applicant is similar and identical to that of aforesaid co accused. There is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses and, in case, applicant is enlarged on bail, applicant shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
8. Per contra learned A.G.A. has opposed the prayer for bail.
9. Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
10. Accordingly, bail application is allowed.
11. Let the applicant- Suleman @ Sonu involved in aforesaid case crime be released on bail on his 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.
12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
13. 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 :- 11.1.2021 YK