Allahabad High Court
Hasrat Ali And Another vs State Of U.P. on 29 January, 2021
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6521 of 2021 Applicant :- Hasrat Ali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release them on bail in Case Crime No. 0054 of 2020, under Section 3/7 of Essential Commodities Act, Police station Khandauli, District Agra during the pendency of trial.
It is argued by the learned counsel for the applicants that as per the prosecution case, 50 bags of rice has been recovered from the cold storage of co-accused Atul Kumar Bansal who is owner of the cold storage in question. It is submitted that other accused persons namely Hasrat Ali (applicant no.1), Azad Ahmad (applicant no.2), co-accused Bhagirath are the labour who were working on the said cold storage and co-accused Pramod Kumar is running a shop in the name of Pramod Provision Store. The main substratum of argument of learned counsel for the applicants is that applicants are neither the owner of the cold storage from where 50 bags of rice has been recovered nor beneficiary in any manner. Applicants are labour and they were performing labour work at the cold storage on the direction of co-accused Atul Kumar Bansal.
It is also submitted by the learned counsel for the applicants that similarly placed co-accused Bhagirath has been granted bail by co-ordinate Bench of this Court vide order dated 06.10.2020 in Criminal Misc. Bail Application No.29618 of 2020 and another co-accused Pramod Kumar has also been granted bail vide order dated 06.10.2020 in Criminal Misc. Bail Application No.30300 of 2020. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 05.01.2021. They do not have any criminal history to his credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Hasrat and Azad Ahmad be released on bail in the aforesaid case crime number 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 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 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 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 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 such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.1.2021 P.S.Parihar