Maiku v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50394 of 2023 Applicant :- Maiku Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar 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 application for bail has been filed on behalf of the applicant seeking bail in Case Crime No.172 of 2022, under sections 411, 413, 414, 419, 420, 467, 468, 471, IPC, Police Station Atarsuiya, District Prayagraj.

¶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. Applicant was not named in the FIR and his name surfaced in the confessional statement of co-accused persons namely Babbi, Ajay, Sonu Nishad, Golu Yadav, who have been enlarged on bail by the co-ordinate Bench of this Court. It is further submitted that identically situated co-accused Rajkumar has been enlarged on bail vide 13.09.2023 by the Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.10238 of 2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the order aforesaid. The case is triable by Magistrate. Apart from the present case applicant has no criminal history, as mentioned in para 17 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 10.10.2023 having no criminal history 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 has opposed the prayer for bail but could not controvert the above mentioned facts.

¶5Considering the facts and circumstances of the case and taking into account that applicant was not named in the FIR and his name surfaced in the confessional statement of co-accused persons namely Babbi, Ajay, Sonu Nishad, Golu Yadav, who have been enlarged on bail by the co-ordinate Bench of this Court, identically situated co-accused Rajkumar has been enlarged on bail vide 13.09.2023 by the Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.10238 of 2023, case is triable by Magistrate, part from the present case applicant has no criminal history, applicant is languishing in jail since 10.10.2023 and undertakes that in case he is enlarged bail, 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 Maiku 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 :- 24.11.2023 VKG High Court of Judicature at Allahabad