Anurag Yadav v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51078 of 2023 Applicant :- Anurag Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Aman Arya Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Two Supplementary affidavits filed today are taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶3The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.313 of 2023 under Sections 420, 380, 411 IPC Police Station Prem Nagar District Bareilly.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. No amount was transferred in the account of the applicant. There is no independent witness to the incident. The applicant was intercepted by the informant along with bank employees. It is alleged that after getting CCTV footage two persons were found suspicious and the applicant was held by bank employees while another persons managed to escaped. False recovery of ATMs is shown from the possession of the present applicant. There is no public witness to the alleged recovery. There is no credible evidence to connect the applicant with the crime. Apart from the instant case the applicant has criminal history of five more cases which are explained in paragraph-16 of the affidavit filed in support of the bail application as well as in paragraphs No. 2 and 4 of the supplementary affidavit dated 30.11.2023. The applicant is languishing in jail since 11.10.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶6Considering the facts and circumstances of the case and taking into account that the applicant was not named in the FIR, he was intercepted by the bank employees on the basis of CCTV footage, false recovery of ATMs is shown from the applicant, there is no public witness to the alleged recovery, the recovered ATMs cannot be connected with any other crime, though charge-sheet has been filed by the Investigating Officer, the applicant is not a beneficiary of any illicit transaction as no amount is credited to the account of the present applicant, the case is triable by Magistrate, the applicant has well explained his criminal history and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶7The bail application is allowed.

¶8Let applicant-Anurag Yadav 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 :- 13.12.2023 Nadeem High Court of Judicature at Allahabad