1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0379 of 2020, under Section 436 IPC lodged at Police Station Biswan, District Sitapur.
It is alleged that the accused-applicant had set on fire the complainant's shop; in the CCTV footage, the accused-applicant has been seen at the site and at the time incident.
In the counter affidavit filed on behalf of the State, it has been stated that the accused-applicant has been seen in the CCTV footage, setting on fire the complainant's shop; it is further stated that a few days earlier the accused-applicant had threatened the complainant that he would make him to suffer loss when the complainant refused to give him money; the accused-applicant has been languishing in jail since 23.10.2020; the accused-applicant has no criminal history.
3. Learned counsel for the accused-applicant submits that the accused-applicant may be enlarged on bail by putting him under some financial burden, as a condition precedent, for granting him bail without prejudice to his rights and contentions in trial.
4. Learned Additional Government Advocate has opposed the bail.
5. However, considering the facts, circumstances and the submissions made by the learned counsel for the accused-applicant and, without commenting upon merit of the case, I find it to be a fit case for grant of bail.
6. Let applicant-Vinod alias Bhindi, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) in the trial Court within two months from the date of his release from jail; as soon as the amount, as directed, is deposited, the same shall be disbursed in favour of the complainant after due verification; in case the accused-applicant fails to deposit the amount, this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith;
(i-a) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
[D.K.Singh,J.] Order Date :- 12.2.2021 MVS/-