Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55 of 2021 Applicant :- Suresh Prasad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Dinesh Kumar Yadav, learned counsel for applicants, learned A.G.A. for State and perused the record.
2. This bail application has been filed by applicants Suresh Prasad and Basuki Nath seeking their enlargement on bail in Case Crime No.114 of 2019 under Section 420 I.P.C. and 63 & 65 of Copy Right (Amendment) Act, 1957, Police Station- Thuthibari, District Maharajganj during pendency of trial in the above mentioned case crime number.
3. Perusal of record shows that in respect of an incident which occurred on 29.6.2019, a prompt F.I.R. ated 29.6.2019 was lodged by first informant Ravi Singh which was registered as Case Crime No.114 of 2019 under Section 420 I.P.C. and 63 & 65 of Copy Right (Amendment) Act, 1957, Police Station- Thuthibari, District Maharajganj. In the aforesaid F.I.R., six persons including present applicants have been nominated as named accused.
4. As per prosecution story as unfolded in the F.I.R., it is alleged that applicants were selling fans of reputed company by way of fraud. Recovery of duplicate fans have been made from his shop. Learned counsel for the applicant has submitted that they have shop of utensils and recovery of fans from his shop has been falsely shown. The applicants have no criminal history to their credit and are in jail since 6.11.2020. It is then contended that co-accused Ashok Kumar has already been enlarged on bail by this Court vide order dated 2.12.2020 passed in Criminal Misc. Bail Application No.42802 of 2020. Aforesaid order has been placed before Court by learned counsel for applicant. It is then urged that case of present applicants is same and identical to aforesaid co-accused. As such the applicants are also liable to be enlarged on bail on the ground of parity.
5. Per contra, the learned A.G.A. for the State has opposed the prayer for bail of the applicants.
6. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
7. Let the applicants- Suresh Prasad and Basuki Nath be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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 APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANTS 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 APPLICANTS 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 THEM IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.
8. However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on their bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 6.1.2021 Anil K. Sharma