Allahabad High Court
Raman vs State Of U.P. on 8 July, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26964 of 2019
Applicant :- Raman
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Mohd. Shoib Khan, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Raman with a prayer to enlarge him on bail in Case Crime No. 78 of 2019, under Sections 420, 467, 471, 272, 273 I.P.C. and Sections 60 (2)/62, 63 of Excise Act, Police Station-Shergarh, District-Mathura, during the pendency of the trial.
It is submitted by learned counsel for the applicant that according to the prosecution version, on 29th April, 2019, applicant and two co-accused were arrested on the spot and two persons is alleged to have fled away at the time of arrest of accused. 692 quarters country made liquor of Haryana Marks, Rs. 500/- and two country-made pistols were recovered from the possession of the co-accused Bhupendra. It has further been submitted that nothing has been recovered from the possession of the applicant. The co-accused, namely, Bhupendra and Kalla have already been enlarged on bail by this Court vide orders dated 19th June, 2019 and 2nd July, 2019 passed in Criminal Misc. Bail Application No. 24655 of 2019 and 26250 of 2019 respectively. The case of the present applicant is similar identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that 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. The applicant is in jail since 30th April, 2019.
Per contra, the learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicant 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 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.
(Manju Rani Chauhan, J.)
Order Date :- 8.7.2019
Sushil/-
