Allahabad High Court
Kamruddin vs State Of U.P. on 3 February, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 30
Case :- BAIL No. - 1409 of 2021
Applicant :- Kamruddin
Opposite Party :- State of U.P.
Counsel for Applicant :- Farooq Ayoob,Neelam Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant Sri Farooq Ayoob, Advocate and learned A.G.A. for the State Sri S.P. Tiwari, Advocate and perused the record.
The present bail application is filed on behalf of the accused-applicant-Kamruddin, who is involved in Case Crime No.543 of 2020, under Sections 457, 379, 380, 411 of I.P.C., registered at Police Station Mohd. Pur Khala, District Barabanki.
Learned A.G.A. is to protest the bail plea on the basis of instructions and copy of case diary with him.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Additional Session Judge, Court No.2, Barabanki vide order dated 16.01.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned counsel on reading over the first information report lodged on 22.12.2020 submits that it is lodged against unknown thieves who stolen some valuables alongwith car parked in the house. Learned counsel further submits that the name of present accused-applicant came into light allegedly on the recovery by the police, relying upon the information received from it's reliable source on 26.12.2020. Learned counsel impressed on the point that the subject matter of the offence, the stolen car no. UP-78-AW-6229 was recovered standing on a public road, wherein the accused-applicant alongwith one another was caught sitting therein.
Learned counsel further submits that the present accused-applicant has no criminal antecedent, is arraigned in the offence only on the confessional statement recorded by the police, is a common man and falsely implicated by the police to show the good work with regard to the offence reported by the first informant and the accused-applicant is local resident of the area, is not in a position to flee away from the process of the Court, is a law abiding person, therefore, when he is willing to face the trial, as the offence is triable by the magistrate, he deserves to be granted bail.
Learned A.G.A. protesting the bail-application submits that the accused-applicant is involved in the offence, therefore, accused-applicant is not innocent, however, he submits that the investigation has already been concluded. So far as the charge sheet with regard to the offence made out against the accused applicant is submitted before the trial.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Kamruddin) involved in Case Crime No.543 of 2020, under Sections 457, 379, 380, 411 of I.P.C., registered at Police Station Mohd. Pur Khala, District Barabanki be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 misuse 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 applicants 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.
Order Date :- 3.2.2021
Saurabh
