Allahabad High Court
Ashraf And Another vs State Of U.P. on 9 December, 2020
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40766 of 2020 Applicant :- Ashraf And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Pankaj Bharti, learned counsel for the applicants and learned AGA for the State.
By means of this application, the applicants, who is involved in Case Crime No. 626 of 2020 under Section 414 IPC Police Station Kandhala District Shamli are seeking enlargement on bail during the trial.
It is contended that the applicants have been falsely implicated in the present case under Section 414 IPC. It is next contended that as per the prosecution story recovery of Bolero car is alleged to have been made from the possession of the applicant whereas in Case Crime No. 348 of 2020 recovery of the said vehicle was made and Section 411 IPC was also added. Further, it has been contended that when Section 411 IPC has already been added in Case Crime No. 348 of 2020, then the present proceedings has no relevance and applicants have already been released in all other cases, copy of the orders have been brought on record as annexure No. SA-1 to the supplementary affidavit. Applicants are languishing in jail since 05.10.2020.
When the matter was taken up learned A.G.A. could not assist the Court properly.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Ashraf and Sarik be released on bail in Case Crime No. 626 of 2020 under Section 414 IPC Police Station Kandhala District Shamli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 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 their 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 are 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 party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.12.2020 Shekhar