Allahabad High Court
Ajeet Kumar Urf Adesh Bhati vs State Of U.P. on 24 June, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16596 of 2020 Applicant :- Ajeet Kumar Urf Adesh Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.609/2019, under Sections 420, 409 & 201 I.P.C., Police Station Dadri, District Gautam Budh Nagar.
Learned counsel for the applicant submits that in the same case crime number applicant was released on bail on 22.04.2020, u/s 467, 468,471, 120-B I.P.C. In the submission of charge sheet offence u/s 420, 409, 201 were added, therefore applicant is in jail in the added offence. Submission of the counsel for the applicant is that in the same case crime number who was already granted bail therefore in the added offence in the charge-sheet he also released on bail. It is submitted that applicant has personal relation with one of the Directors of the Company M/s Garvit Innovative Promoters Ltd., in which the informant has deposited some money and claims that he has been cheated, that is why the applicant has been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant prior to lodging of these cases and he is languishing in jail since 05.11.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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 applicant is entitled for bail, let the applicant- Ajeet Kumar Urf Adesh Bhati involved in aforesaid case crime be released on bail on his 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 applicant shall 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 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.
(iii) In case, the applicant misuses the liberty of bail during trial 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.
(iv) 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 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 :- 24.6.2020 Israr