Surendra Kumar v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51965 of 2023 Applicant :- Surendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

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

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.204 of 2023 under Sections 379, 411, 465, 420 IPC Police Station Kamla Nagar 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 motive. The applicant is not named in the FIR. The applicant was arrested by the police at the regular patroling. One mobile is alleged to have been recovered from the possession of the applicant on his personal search. The aforesaid mobile belongs to the applicant. Rs. 1,01,500 is also alleged to be recovered from the car which belongs to co-accused Nishantraj. There is no public witness to the aforesaid recoveries of mobile and cash. Identically situated co-accused Nishantraj has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.45048 of 2023 vide order dated 30.11.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 13.08.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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

¶5Considering the facts and circumstances of the case and taking into account that the applicant is not named in the FIR, and without expressing any opinion on the merit of the case, there is no public witness to the aforesaid recoveries of mobile and cash, identically situated co-accused Nishantraj has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.45048 of 2023 vide order dated

30.11.2023 it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Surendra Kumar 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 :- 12.12.2023 Nadeem High Court of Judicature at Allahabad