Babu Sisodiya v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42430 of 2023 Applicant :- Babu Sisodiya Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Agrahari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

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

¶2The present first bail application has been filed on behalf of the applicant in Case Crime No. 91 of 2023 under Sections 380, 411 and 120-B I.P.C. Police Station Jagner, District Agra 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 informant's money was stolen from the bank when he went to deposit the same. It is submitted that the applicant was not named in the F.I.R. and he was implicated in this case on the basis of confessional statement of co-accused when he was arrested during investigation on 28.07.2023. It is submitted that Rs. 1,90,000/- has been recovered from the possession of the applicant, however, there is no public witness of the said recovery and no test identification parade of the accused was done by the I.O. It is further submitted that the applicant was not seen in the CCTV footage of the bank. It is further submitted that applicant has criminal history of 9 cases and in all of them he has been enlarged on bail and copy of the bail orders are annexed as Annexure No. S.A.1 to the supplementary affidavit filed today. Applicant is languishing in jail since 29.07.2023 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., criminal history is well explained, applicant was not seen in the CCTV footage of the bank, there is no independent witness of the alleged incident, no test identification parade was conducted on the accused and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Babu Sisodiya 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 :- 19.10.2023 Karan High Court of Judicature at Allahabad High Court of Judicature at Allahabad