The Court allowed bail to the applicant in a case concerning illegal arms under Sections 5/25 Arms Act. Bail was granted subject to furnishing bonds and adherence to conditions regarding court attendance and surrender upon proclamation.
Released on bail upon furnishing personal bond and two local sureties of equal amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28179 of 2019
Applicant :- Jogendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Yadvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit file by the learned counsel for the applicant today in the Court, is taken on record.
Heard Sri Yadvendra Singh, learned counsel for the applicant, Sri Gyan Narain Kanaujiya, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jogendra Singh with a prayer to release them on bail in Case Crime No. 104 of 2019, under Sections 5/25 Arms Act, Police Station- Jaleshar, District- Etah , during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that as per the allegation in the F.I.R., during search by the Police, the applicant was caught making illegal weapons at his residence. One 315 bore pauniya and eight country made pistol 315 bore and other things were shown to be recovered from the possession of the applicant, for which the present FIR has been lodged. It has been argued that there is no public witness to the aforesaid recovery and there is nothing on record to show that the applicant is involved in manufacturing or selling the illegal weapons. It is further argued that the applicant has criminal history of 03 cases except the present one and the same have satisfactorily been explained in paragraph-8 of the affidavit accompanying the present bail application. The applicant is languishing in jail since 01.01.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra 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.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , 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 their 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 16.10.2019 JK Yadav
2 issues framed by the court
Whether bail be granted in Case Crime No. 104 of 2019 under Sections 5/25 Arms Act pending trial.
Whether conditions in bail order should prevent seeking adjournments and ensure presence in court.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Jogendra Singh
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
