Rajkumar Alias Shera v. State of U.P

Court No. -5 Case :-CRIMINAL MISC. BAIL APPLICATION No. -38678 of 2023 Applicant :-Rajkumar Alias Shera Opposite Party :-State of U.P. Counsel for Applicant :-Sanjay Srivastava Counsel for Opposite Party :-G.A. Hon'ble Piyush Agrawal,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. This is the second bail application on behalf of the applicant seeking bail in Case Crime No. 155/2022, under Sections 380/411 IPC, Police Station-Panki, District -Kanpur Nagar. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that no specific role has been assigned for commission of the alleged crime; nothing incriminating article has been recovered from the possession of the applicant or his pointing out; there was no independent or public witness to the alleged incident or recovery; no motive has been assigned to the applicant; at the time of preparation of fard, no public eye witness was present. It is stated that after taking note of entire facts and circumstances of the case, some of the co-accused, namely, Anmol Chauhan, has already been enlarged on bail by this Court whose bail order has been annexed as Annexure No. 4 to the affidavit filed in support of the bail application. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 31.05.2022 and the possibility of conclusion of trial in near future is very bleak. Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant, namely, Rajkumar @ Shera, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall file an undertaking to the effect that the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant in accordance with law. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. The bail application stands disposed of. Order Date :- 21.11.2023 Amit Mishra (Piyush Agrawal,J.) High Court of Judicature at Allahabad