Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24899 of 2021 Applicant :- Vinod @ Nigam Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let the supplementary affidavit filed today in Court be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 61 of 2021 under Sections 26(1) F Indian Forest Act and 27,29,51(1) Wild Life Protection Act, Police Station - Kulhui Range Laxmipur, District - Maharajganj with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged on 9.11.2020 and it was alleged in the report that the present accused was arrested carrying sakhu wood on a cycle and was going towards village Mudaki. He was arrested by the police and sent to jail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for the applicant that the alleged recovery shown from the present accused is not reliable as it was not witnessed by any public witness. Further argument is that the alleged offence is triable by the Court of Magistrate. It is also argued that the cost of the alleged sakhu wood is said to be Rs. 1500/- in the market and the applicant is a poor person, after his arrest nobody is in his family to earn the livelihood and his family is at the verge of starvation. Lastly, it is argued that the applicant is in jail since 09.11.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the present applicant is a poor person as well as considering that there is no public witness to the alleged recovery, considering that the family of the applicant would certainly be at the verge of starvation after arrest of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out on the condition that the present applicant will cooperate in the trial proceeding and will not tamper with the prosecution evidence The prayer for bail is granted. The application is allowed.
Let applicant Vinod @ Nigam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 27.10.2021 LBY