Chandan Singh @ Monu v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49557 of 2023 Applicant :- Chandan Singh @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Mishra 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 material brought on record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.462 of 2023, under sections 395, 397, 412, 120-B, IPC and section 15, D.A. Act and section 3/25 Arms Act, Police Station Sadar Bazar, District Agra.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motives. It is submitted that applicant is student of M.Com. and he is no concerned with the present crime. According to the version of FIR Rs.72,000/- cash, scooty and one Samsung mobile of the informant were looted by three unknown person on the way when he going to his house from his shop. The police has arrested the applicant showing false recovered one Vivo mobile from his possession, which belongs to the applicant. There is no independent or public witness of alleged recovery Apart from the present case the applicant has no criminal history, as mentioned in para-21 of the affidavit filed in support of the bail application. It is further submitted that case is triable by Magistrate. The applicant is languishing in jail since 27.09.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

¶4On the other hand, learned AGA for the State has opposed the prayer for bail but could not controvert the aforesaid facts.

¶5Considering the facts and circumstances of the case and taking into account that applicant is student of M.Com, the Samsung mobile of the informant were looted by three unknown person on the way when he going to his house from his shop and the police has recovered one Vivo mobile from the possession of applicant, which belong to him, there is no independent or public witness of alleged recovery, apart from the present case the applicant has no criminal history, as mentioned in para-21 of the affidavit filed in support of the bail application, case is triable by Magistrate, applicant is languishing in jail since 27.09.2023 and undertakes that he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6Let applicant Chandan Singh @ Monu be released on bail in the above case crime number 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 :- 22.11.2023 VKG High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad