Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24223 of 2021 Applicant :- Sumit @ Chhote Opposite Party :- State of U.P.
Counsel for Applicant :- Yogendra Misra 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.107 of 2021, under Sections 398 and 401 I.P.C., Police Station North, District Firozabad.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Nothing has been recovered from his possession. The alleged recovery of 315 bore country made pistol and two live cartridge has been shown is false and planted. He further submits that at the time of arrest, several other criminal cases have been imposed upon the applicant. Co-accused Karan @ Arjun has been enlarged on bail by this Court vide order dated 16.07.2021 in Criminal Misc. Bail Application No.24857 of 2021. The applicant is in jail since 15.02.2021.
Learned A.G.A. opposes the bail application.
Considering the rival contentions of parties, facts and circumstances of the case and considering the complicity of accused, severity of punishment, in the opinion of this Court, a case for bail is made out.
Let the applicant- Sumit @ Chhote, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 28.7.2021 Krishna*