Sahil v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -43285 of 2023 Applicant :-Sahil Opposite Party :-State of U.P. Counsel for Applicant :-Dileep 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. 188 of 2023, under Sections 398 and 401 I.P.C. Police Station Ikdil, district-Etawah with the prayer to enlarge him on bail. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. He next submits that as per prosecution case the police has received information from mukhbir khas that the applicant along with other co-accused was planning to commit robbery the police made a raid and arrested the accused persons and recovered some incriminating articles from their possession. He next submits that no incriminating article or material ha been recovered either from the applicant or on his pointing out. The recovery recovery of country made pistol and cartridge allegedly made from the applicant appears to be fabricated by the police which is yet to be connected with the present crime by any cogent evidence. There is no public witness of the alleged recovery. Applicant is having no criminal history and he is languishing in jail since 16.8.2023 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. 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 no recovery was made from the applicant, there is no public witness of the alleged recovery which has been allegedly shown from the applicant's possession and without expressing any opinion on the merits of the case , accused-applicant is liable to be released on bail. Let applicant Sahil 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 Faridul High Court of Judicature at Allahabad