Allahabad High Court
Arif Khan vs State Of U.P. on 16 July, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- BAIL No. - 7392 of 2021
Applicant :- Arif Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Bajpai
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Sri Ashutosh Bajpai, learned counsel for the applicant and learned Additional Government Advocate for the State and perused the records.
2.The present bail application has been filed by the applicant in case Crime No.58 of 2021 under Sections 457, 380, 411 of I.PC, Police Station- Matera, District- Bahraich.
3. According to the first information report it is stated that on 9.5.2021 the motor of the water pump of the well was stolen and the applicant has been identified on the basis of the C.C.T.V. footage. The applicant has denied the allegations and submits that the entire allegations against the applicant are false and misconceived. He submits that charge sheet has been filed and there is no mention of the CCTV footage in the entire charge sheet and hence the complicity of the applicant has become doubtful.
4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5.Having heard learned counsel appearing for the contesting parties and looking to the fact that in the charge sheet there is no mention of the CCTV footage, thus, the complicity of the application becoming doubtful, the Court finds this to be a fit case for grant of bail. Accordingly, the bail application is allowed.
6. Let the applicant Arif Khan involved in the aforesaid case crime 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 :-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
7. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 16.7.2021 (Alok Mathur, J.)
RKM.
