Allahabad High Court
Sunil Kumar Maurya And Another vs State Of U.P. on 22 June, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15727 of 2020 Applicant :- Sunil Kumar Maurya And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav,Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge him on bail in Case Crime No.148 of 2020, under Sections 419, 420, 467, 468, 471 IPC and Section 63A Copyright Act, Police Station- Kokhraj, District- Kaushambi.
Learned counsel for the applicants submits that according to prosecution version the applicants have falsely been implicated in the present case. The applicants are labour and working in the factory of one Himanshu Agrahari. The applicants were arrested by the police in place of occurrence at the time of loading the vehicle. The co-accused Sanjay Kumar Nirmal has been granted bail by co-ordinate Bench of this Court vide order dated 17.06.2020 in Criminal Misc. Bail Application No.14803 of 2020, therefore, the applicants are entitled for bail on the ground of parity. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants will not misuse the liberty of bail. It is next contended that there are no criminal history of the applicant and he is languishing in jail since 20.03.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Sunil Kumar Maurya and Guddu Prasad Saroj involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants will file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 will 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.
(iii) In case, the applicants misuses 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 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.
(iv) The applicants will 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 applicant 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 him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail Order Date :- 22.6.2020 Krishna*