Ravi Vishwakarma and Another v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52170 of 2023 Applicant :- Ravi Vishwakarma And Another Opposite Party :- State of U.P. Counsel for Applicant :- Satyadeep Gautam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicants, 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.4981 of 2023 under Sections 136 Electricity Act Police Station Anti Power Theft District Lalitpur.

¶3Learned counsel for the accused-applicants submitted that the applicants are innocent and have been falsely implicated in the instant case due to ulterior motive. The applicants were not named in the FIR. It is also submitted that two FIRs for the same offence was registered. The applicants have no criminal apart from the instant case as disclosed in paragraph 25 of the affidavit filed in support of the bail application. Identically situated co-accused Rameshwar Lodhi has already been enlarged on bail by this Court in Criminal Misc. Bail Application No50321 of 2023, vide order dated 24.11.2023. The applicants are seeking parity in relief granted to the aforesaid co-accused. The applicants are languishing in jail since 08.10.2023, in case they str enlarged on bail, they 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 applicants were not named in the FIR, identically situated co-accused Rameshwar Lodhi has already been enlarged on bail by this Court in Criminal Misc. Bail Application No50321 of 2023, vide order dated 24.11.2023 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

7.Let applicants-Ravi Vishwakarma and Jay Pal be released on bail in the above case crime number on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants 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 applicants 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 them in accordance with law.

(v) The applicants 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 applicants shall also give an undertaking to the effect that they will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 6.12.2023 Nadeem High Court of Judicature at Allahabad