Allahabad High Court
Mohd. Kadar @ Kaddan vs State Of U.P. And Another on 4 January, 2021
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48422 of 2020 Applicant :- Mohd. Kadar @ Kaddan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.,Vikash Chandra Tripathi Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. for opposite party no. 1 and Sri Vivek Kumar Rai, learned counsel for opposite party no. 2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. As per the complaintt dated 11.10.2020 allegation has been made by the complainant that two accused personsons, namely, Mohd. Kadar and Shahrukh have been arrested on 10.10.2020 along with the stolen property of the railway. On their confessional statements made before the G.R.P.F., applicant has been arrested and arrest memo was prepared. As per the prosecution story the copper wire of 4 mtsr. and 10 mtrs. total 14 mtrs. cost Rs.4200/- has been allegedly recovered from the shop of the applicant and the aforesaid wire belonged to railway. Learned counsel for the applicant submits that the applicant has not purchased any stolen property belonging to railway and the alleged recovery was false. He further submits that there is no concrete evidence against the applicant showing his involvement. The co-accused Yogesh Khare @Tinkoo and Sanjeev Gupta @ Sanjoo have already been granted bail by order dated 10.12.2020 and 18.12.2020 passed by this Court in Criminal Misc. Bail Application Nos. 45527 of 2020 and 47220 of 2020 respectively.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 10.10.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. as well as Sri Vivek Kumar Rai, learned counsel for opposite party no. 2 has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Mohd. Kadar @ Kaddan, involved in Case Crime No. 11 of 2020, under Section- 3 R.P. U.P. Act, Police Station- R.P.F. Station, District Jhansi, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
6. 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.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his 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 :- 4.1.2021 Arvind