Allahabad High Court
Ranjeet Kumar @ Guchhey & 2 Others vs State Of U.P. & Anr. on 29 April, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 2730 of 2020 Applicant :- Ranjeet Kumar @ Guchhey & 2 Others Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
As per the guidelines laid down by this Court for hearing urgent bail applications through video conferencing, the learned counsel for the applicants had made an application for urgency before the Hon'ble the Senior Judge which was allowed by means of the order dated 27.04.2020 and it is in this fashion that the matter has been placed before this Court.
The Court has heard Sri Narendra Gupta, learned counsel for the applicants as well as Sri J.S. Tomar, learned A.G.A. for the State-respondents through video conference.
The applicants Ranjeet Kumar @ Guchhey, Magan Kumar @ Mangu & Vipin @ Vishwa Pal have moved this bail application seeking bail in respect of their involvement in Case Crime No. 469 of 2019, under Sections 467, 468, 471, 420 I.P.C. & 3/7 of Essential Commodities Act, Police Station Maholi, District Sitapur.
The submission of the learned counsel for the applicant is that as per the version in the First Information Report, it has been stated that upon having received information, the police party raided a residential premises where two persons along with four labours were found making adulterated and duplicate fertilizers. The First Information Report further indicates that from two persons namely Shivam Mishra and Jitendra Verma, money was recovered from their pockets whereas four other labourers were concerned, nothing was recovered from them.
The learned counsel has submitted that in view of the aforesaid, they were petty small labourers who were engaged by Shivam Mishra and as far as they are concerned, the applicants did not have any knowledge regarding the fact that any duplicate fertilizer was being manufactured. If at all, any case is made out, it is only against Shivam Mishra who is the owner of the aforesaid residential premises as well as his accomplice Jitendra Verma who both were involved in manufacturing the aforesaid.The applicants are in Jail since 15.11.2019 and as such the applicants shall not misuse the liberty of bail.
The learned A.G.A. has opposed the bail application, however, could not dispute the aforesaid fact and that the applicants have been languishing in Jail since 15.11.2019.
Considering the aforesaid and taking a holistic view of the matter, this Court without expressing any opinion on merits, in the facts and circumstances, this Court is of the view that the applicants are entitled to be released on bail.
Let the applicants Ranjeet Kumar @ Guchhey, Magan Kumar @ Mangu & Vipin @ Vishwa Pal involved in Case Crime No. 469 of 2019, under Sections 467, 468, 471, 420 I.P.C. & 3/7 of Essential Commodities Act, Police Station Maholi, District Sitapur be released on bail on their furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the Jail authorities concerned subject to 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 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel or 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.
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.
Order Date :- 29.4.2020 Asheesh