Allahabad High Court
Irfan @ Gufran Second Bail Application vs State Of U.P. on 28 April, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11688 of 2021 Applicant :- Irfan @ Gufran Second Bail Application Opposite Party :- State of U.P. Counsel for Applicant :- Bhoopal Singh,Manoj Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate on this second application for bail and gone through the entire record.
The earlier bail application was rejected by this Court on merit vide order dated 04.02.2021 passed in Bail No.956 of 2021 and, hence, this application has come up before this Court.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0570 of 2020, under Sections 41, 411, 413, 414, 419, 420, 467, 468 and 471 IPC lodged at Police Station Kotwali Nanpara, District Bahraich.
It is alleged that from possession of the accused-applicant seven motorcycles, not belonging to him, but stolen were recovered; the accused-applicant has no explanation regarding possessing of the motorcycles which are not in his name; the accused-applicant has criminal history of sixteen cases in which nine are under Sections 379/411 IPC, one case under Section 8/20 NDPS Act; one case under Section 307 IPC; one case under Section 3/25 Arms Act as well as three cases are under Sections 467, 468 and 471 IPC etc. The accused-applicant, in his confessional statement, has accepted that he and other members would lift the motorcycles belonging to others and after changing chassis number and registration number etc. sell the same to other persons. The cases of this nature are on rise. Everyday, the people are deprived of their belongings by the accused-applicant and co-accused, who lift their bikes and cars etc.
3. Pursuant to order of this Court dated 25.11.2021, Mr. Bhoopal Singh, has placed before the Court bank-draft bearing no.599404 dated 21.04.2022, favauring 'Army Battle Causality Welfare Fund'. Learned counsel submits that the accused-applicant has been languishing in jail since 26.09.2020. The offence is triable by Magistrate.
4. Considering long incarceration of the accused-applicant pending trial and the fact that the accused-applicant has decided to contribute rupees one lakh for the nation, he is entitled to be released on bail.
5. Let applicant-Irfan alias Gufran, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i) the applicant(s) shall furnish receipt of deposit of rupees one lakh through the aforementioned bank-draft in the account of 'Army Battle Casualty Welfare Fund' along with bail bond.
(1-a) the applicant(s) shall file an undertaking to the effect that he 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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.
Order Date :- 28.4.2022 MVS/-