Allahabad High Court
Robin Singh Alias Saurabh Singh vs State Of U.P. on 6 August, 2020
Author: Ashok Kumar
Bench: Ashok Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19796 of 2020 Applicant :- Robin Singh Alias Saurabh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashok Kumar,J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 65 of 2020, under Section 60, 60A, 62, 63, 72 of the U.P. Excise Act, Sections 272, 273 IPC and Sections 8/20 of N.D.P.S. Act, registered at Police Station Newariya, District Jaunpur.
The recovery of illicit liquor was recovered from the possession of the mother (Vimla Devi) and father (Tarkeshwar Nath) of the accused applicant- Robin Singh Alias Saurabh Singh.
It is submitted by the counsel for the applicant that the accused applicant- Robin Singh Alias Saurabh Singh was not present when the alleged recovery of illicit liquor was recovered from the possession of the parents of the accused applicant.
Learned counsel for the applicant has placed reliance of the bail orders of this Court in Criminal Misc. Bail Application No. 14681 of 2020 (Vimla Devi Vs. State of U.P.) and Criminal Misc. Bail Application No. 17231 of 2020 (Tarkeshwar Nath Vs. State of U.P.) dated 18.06.2020 and 25.06.2020 respectively. It has also submitted by the counsel for the applicant that applicant has no other criminal history. Applicant is in jail since 22.05.2020.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicant- Robin Singh Alias Saurabh Singh be released on bail in the aforesaid case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. 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.
Order Date :- 6.8.2020 SK Srivastava