Allahabad High Court
Anil Dujana vs State Of U.P. on 20 October, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29990 of 2022
Applicant :- Anil Dujana
Opposite Party :- State of U.P.
Counsel for Applicant :- Anupam Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Anoop Trivedi, learned Senior Advocate, assisted by Sri Anupam Dubey, learned counsel for the applicant and learned A.G.A. for the State.
Learned Senior Advocate has submitted that the applicant was earlier enlarged on bail by this Court on 15.05.2014 vide Crl. Misc. Bail Application No. 16528 of 2014 in the present case. Thereafter he was attending the trial court before the trial. The applicant attended the trial court up to 20.10.2021 and the application for exemption of his personal appearance was made on 5.10.2021, 06.10.2021 and 20.10.2021. On the next date 28.10.2021 applicant counsel did not moved application on his behalf for exemption of his personal appearance. Therefore, non bailable warrants were issued against him on 10.11.2021 and process under Section 82 Cr.P.C was issued on the next date. The applicant was arrested in another case under Arms Act on 05.01.2022 and since then he is in jail.
Learned Senior Advocate further submitted that from the year 2014 to 2021 the applicant has cooperated with trial but on one date since no exemption application was filed by his counsel, therefore his bail was cancelled. He is in jail since 05.01.2022 and he has criminal history of 52 cases explained in the supplementary affidavit filed today.
Learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anil Dujana, involved in Case Crime No.333 of 2013, under Sections 147, 148, 149, 302, 307, 506, 120-B and 34 I.P.C, Police Station Chhapar, District- Muzaffarnagar 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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 applicants fail 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.
(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 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.
(vi) The applicant will get his presence recorded before Police station - Badalpur- Gautam Buddh Nagar in first week of any month during the pendency of trial before trial court.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order as per Section 309 Cr.P.C.
Order Date :- 20.10.2022
SS
