Allahabad High Court
Himanshu Tyagi vs State Of U.P. on 22 June, 2021
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17274 of 2021 Applicant :- Himanshu Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Keeping in view the pandemic (COVID-19), the Court is functioning in virtual mode under the orders dated 15.6.2021 of Hon'ble the Chief Justice.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State via video conferencing and perused the record of the case.
By means of this application, the applicant Himanshu Tyagi, who is involved in Case Crime No. 819 of 2020, under Sections 406, 420, 467, 468, 471, 120-B and 34 IPC, police station Kotwali, district Ghaziabad, is seeking enlargement on bail during the trial.
As per prosecution case, on 16.12.2020 on the basis of the information given by the informer, police apprehended nine persons namely, Amir, Arun Gulati, Amit @ Sonu, Namit, Shivam Tyagi, Kamal Sharma, Vipin, Himanshu Tyagi (applicant) and Anurag Tyagi and shown a recovery of 16 mobile phones, 2 diary, 1 Adhar Card, 4 cheques, 5 cheques book, 1 passbook, 17 paper sheets, 2 CPU, 1 IVM, 2 LCD. from the joint possession of the aforesaid persons, and thereafter, lodged the first information report dated 17.12.2020 against the aforesaid nine accused persons.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that so far as the present applicant is concerned, recovery of one passbook and mobile phone has been shown against him. He next submitted that similarly placed co-accused, namely, Amit @ Sonu, Arun Gulati, Kamal Sharma, Anurag Tyagi and Namit have already been granted bail by the Coordinate Bench of this Court vide orders dated 23.3.2021, 8.4.2021 and 10.5.2021 passed in Criminal Misc. Bail Application Nos. 14731 of 2021, 14733 of 2021, 14734 of 2021, 16557 of 2021 and 16905 of 2021 respectively, therefore, on the ground of parity, the applicant is also entitled to be released on bail. It is pointed out that after arrest of the applicant in the present case, he was also dragged in another case being Case Crime No. 393 of 2020, under Sections 406, 420, 120-B and 34 IPC, police station Link Road, district Ghaziabad, in which he has also been enlarged on bail by this Court vide order dated 17.3.2021 passed in Criminal Misc. Bail Application No. 8004 of 2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that prior to lodging the F.I.R. of this case on 17.12.2020 applicant was not having any criminal history and is facing detention since 17.12.2020. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but conceded on the point that role of the applicant is similar to the aforesaid accused persons, who have been granted bail by this Court.
Having considered the submissions of the parties and also considering the fact that similarly placed co-accused have been enlarged on bail, without expressing any opinion on the merits, let the applicant Himanshu Tyagi involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 22.6.2021/Sumaira