Akshay v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43075 of 2023 Applicant :- Akshay Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present first bail application has been filed on behalf of the applicant in Case Crime No. 35 of 2023 under Sections 392, 411 I.P.C. Police Station Ekdil, District Etawah with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations as per the F.I.R. is that the informant's mobile phone, purse, and his bag containing documents were stolen by the auto driver. It is submitted that the F.I.R. is lodged after a delay of three days and there is no plausible explanation for the delayed F.I.R. It is further submitted that the stolen mobile phone was not recovered from the possession of the applicant and only Rs. 600/- is recovered from him. There is no public witness of the alleged recovery. It is further submitted that no test identification parade was conducted by the police. It is contended that after the applicant was arrested in case crime No. 38 of 2023, he was falsely implicated in two other cases i.e. case crime No. 30 of 2022 and case crime No. 31 of 2022 in which he has been enlarged on bail by the court below and copy of bail orders are annexed with the bail application and marked as Annexure No. 4. It is next contended that the bail application of the applicant in case crime No. 38 of 2023 is fixed for consideration in the Co-ordinate Bench of this today itself. Applicant is languishing in jail since 06.02.2023 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 and shall co-operate in the trial.

¶4On 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.

¶5Considering the fact that the applicant was not named in the F.I.R., F.I.R. has been lodged after a delay of three days from the date of incident without any plausible explanation, nothing incriminating has been recovered from the possession of the applicant except Rs. 600/-, there is no public witness of the alleged recovery, no test identification parade was conducted by the police, criminal history is well explained and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Akshay 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 :- 18.10.2023 Karan High Court of Judicature at Allahabad