Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.143 of 2020, under Sections 380, 411, 457 IPC, Police Station Ashiyana, District Lucknow.
It is alleged that the accused-applicant and co-accused had committed theft in the residence of one of the sitting Judges of this Court and they had stolen some articles, which were recovered on the pointing out of the accused-applicant and other co-accused. The accused-applicant has been in jail since 18.4.2020. The accused-applicant has criminal history of eight cases, which are of identical nature.
Learned counsel for the accused-applicant submits that on the basis of one arrest and recovery, he has been implicated in other offences. He further submits that accused-applicant is innocent and, he is a driver and he has been falsely implicated.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.
Let applicant Sumit Gupta @ Samit Gupta be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he 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 self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and 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 :- 3.2.2021 Rao/-