Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22692 of 2021 Applicant :- Tej Singh @ Tyagi Opposite Party :- State of U.P.
Counsel for Applicant :- Dur Vijay Singh,Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Dur Vijay Singh learned counsel for the applicant, Mr. Janeshwar Bankata, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Tej Singh @ Tyagi with a prayer to enlarge him on bail in Case Crime No. 582 of 2020, under Sections 452, 342, 395, 412 of I.P.C., Police Station-Gandhi Park, District-Aligarh, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the first information report has been lodged by Ramesh Pal Singh on 23rd November, 2020 against unknown persons alleging therein that when the informant was working as clerk at Chharra Bus Stand and her wife, namely, Chandravati was alone at his house, at about 06:45 p.m., three unknown persons came to his house and after getting his wife to open the door, entered in his house and after holding her as hostage, they took away Rs. 40,000, four gold bangles, three gold rings, two gold ear rings etc. On 1st December, 2020, the applicant along with four other persons were arrested and a country-made pistol of 315 bore, two live cartridges of 315 bore, two gold ear rings Rs. 40,000/- and one mobile phone are alleged to have been recovered from the possession of the applicant. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to ulterior motive. The applicant has not been named in the first information report. The alleged recovery from the possession of the applicant is planted one by the Police. There is no independent or public witness on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. No identification parade has been conducted about the applicant. As per the prosecution case, the incident took place on 23rd November, 2020, whereas the recovery of looted artless shown after about nine days of the incident. It is further submitted that the co-accused, namely, Sachin Kumar and Sanjeev Kumar sharma @ Sanju have already been enlarged on bail by the Coordinate Benches of this Court vide orders dated 22nd July, 2021 and 9th August, 2021 passed in Criminal Misc. Bail Application Nos. 25616 of 2021 and 13121 of 2021 respectively. The case of the applicant is more or less similar to that of the aforesaid co-accused. As such the applicant is also liable to be enlarged on bail. It is also submitted that prior to the initiation of the present case, the applicant has no criminal antecedents and after initiation of present case, the name of the applicant has been dragged by the Police in three more criminal cases due to ulterior motive by the Police. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 2nd December, 2020.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
On acceptance of bail and personal bonds, the Lower Court shall transmit photostat copies thereof to this Court for being kept on record.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the representative of the applicant, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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.
(Manju Rani Chauhan, J.) Order Date :- 22.9.2021 Sushil/-
Digitally signed by MANJU RANI CHAUHAN Date: 2021.09.25 11:08:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad