Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45258 of 2021 Applicant :- Sultan Opposite Party :- State Of U.P Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.266 of 2021, under Sections 457, 380 and 411 I.P.C., Police Station- Nagina, District- Bijnor.
Learned counsel for the applicant contended that the incident of theft is of 09.07.2021. F.I.R. has been lodged on 11.07.2021. It is further alleged that on 16.08.2021 accused was arrested and Rs.4,800/- in cash and some articles have been recovered from his possession. The accused is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. The alleged recovery is false and fabricated and after more than a month of the incident, it is highly improbable. Criminal history of the applicant has been explained in para no. 10 of the affidavit. The applicant who is in jail since 16.08.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that the accused has criminal history and is involved in cases of theft. Stolen articles have been recovery from his possession, hence, the bail application is opposed.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, all attending circumstances of the case and in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Sultan involved in the aforesaid case, 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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.
4. 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 :- 29.10.2021 Krishna* Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.10.29 16:31:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad