1. Heard learned counsel for the applicants, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.0137 of 2019, under Sections 406, 420 and 411 I.P.C., Police Station P.G.I., District Lucknow.
Counter affidavit filed today is taken on record.
3. On the basis of single recovery, the accused-applicant has been implicated in 33 cases as per para 15 of the affidavit filed in support of the bail application. It is submitted that out of the aforesaid 33 cases, the accused-applicant has been released on bail in 32 cases.
4. Mr. Nikhil Singh, learned counsel for the State, has not disputed the aforesaid fact.
6. I have considered the submissions advanced by the parties and perused the record.
7. Considering the fact that the accused-applicant has been granted bail in almost all of the cases, it would be appropriate to enlarge the accused-applicant on bail.
8. Let applicant Zulfiqar Javed Irani be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicants 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 them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse 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.
[D.K. Singh, J.] Order Date :- 25.1.2021 MVS/-