Triveni Mangta v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -42923 of 2023 Applicant :-Triveni Mangta Opposite Party :-State of U.P. Counsel for Applicant :-Syed Fahim Ahmed,Surendra Kumar Yadav Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. The present first bail application has been filed on behalf of the applicant in Case Crime No. 317 of 2022, under Sections 411 and 413 I.P.C. Police Station Jhunsi, District Prayagraj with the prayer to enlarge him on bail. Learned counsel for the accused-applicant submits that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. The applicant was arrested by the police on 20.6.2022 at about 4:15 p.m. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which is said to have been made from the applicant is totally fake and false. There is no public witness of the alleged recovery. No identification parade was conducted by the police to ascertain the real culprit. The offence is trial by Magistrate. The criminal history of the applicant has been properly explained in paragraph 15 of the affidavit accompanying bail application. He next submits that the applicant has already been enlarged on bail in Case Crime No. 318 of 2022, in which a false recovery of a motorcycle and five country made bombs has been shown recovered from him by another Bench of this Court, vide order dated 4.10.2023 passed in Criminal Misc. Bail Application No. 42377 of 2023. He lastly submits that the applicant is languishing in jail since 23.8.2022 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant. Considering the fact that there was no public witness of the alleged recovery, no identification parade was conducted by the police to ascertain the real culprit, criminal history has been properly explained in paragraph 15 of the affidavit accompanying bail application and without expressing any opinion on the merits of the case , accused-applicant is liable to be released on bail. Let applicant Triveni Mangta be released on bail in the above case crime number and 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 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 also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 17.10.2023 Faridul High Court of Judicature at Allahabad