Heard learned counsel for the applicant and the learned Additional Government Advocate for the State-respondents.
Submission of the learned counsel for the applicant is that as per the allegations of the FIR a truck bearing no. UP-41-AT 5484 was stolen in the night of 21/22.12.2020. The recovery memo is allegedly made on 30.12.2020 according to which the applicant was found in the truck with the same registration number. It has further been submitted that upon inquiry it came to light that the said truck number which was bearing the registration number was stolen in fact was incorrect. Actually, the owner of the truck was apprehended. It is also submitted by the learned counsel for the applicant that actually he had gone to record the loss of truck on account of theft but the said FIR was not lodged by the police and subsequently in respect of the same truck the recovery has been shown against three persons namely, applicant, Kali Ram Maurya and Rajiv Kumar alias Raju Tiwari. It has further been submitted that insofar as the other two co-accused are concerned they have already been enlarged on bail by a co-ordinate bench of this Court in Bail No.2291 of 2021 dated 22.02.2021 relating to Kali Ram Maurya and Rajiv Kumar alias Raju Tiwari has been enlarged on bail in Bail Application No.1574/2021 vide order dated 05.02.2021. Copy of the said orders have been submitted before the Court for its perusal.
It is submitted that the applicant has been in jail since 30.12.2020 and it is a case of false recovery and in the aforesaid circumstances applicant is also entitled to be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts that the other co-accused have already been enlarged on bail.
Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Tulsiram Tiwari alias Babloo Tiwari involved in Case Crime No.292 of 2020, under Sections 379 IPC, converted sections - 193, 424, 419, 420, 467, 468, 471 IPC, Police Station- Subeha, District - Barabanki be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(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.
(v) The applicant shall neither influence any witness nor tamper with any evidence after his release.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel or the party concerned.
(viii) 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 :- 6.4.2021 mks