Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50038 of 2021 Applicant :- Vishal Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 1102 of 2021, under Section 420, 406 IPC, Police Station Sector-20, District Gautam Budh Nagar, during pendency of trial.
It is urged that co-accused Vijay Singh has been enlarged on bail by the coordinate bench of this Court; applicant is the son of co-accused Vijay Singh; allegation against the accused is that they cheated people to part with money on the promise of job; one mobile and seven debit cards is alleged to have been recovered. It is alleged that the applicant is innocent and has falsely been implicated in the instant case; applicant is a student of B.Com.; recovery is implanted; applicant has no previous criminal antecedents; applicant is languishing in jail since 25.9.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Perused the material placed on record and rejection order passed by the court below.
Let the applicant-Vishal involved in aforesaid case crime be released on bail on his 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 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
In view of the extraordinary situation prevailing in the State due to Covid- 19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus:
"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 23.12.2021 S.Prakash Digitally signed by SUNEET KUMAR Date: 2021.12.23 17:45:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad