High Court Allahabad (Hon'ble Saumitra Dayal Singh, J.), by order dated 08.07.2020, allowed Criminal Misc. Bail Application No. 18696 of 2020 filed by Vijay Harijan seeking bail in Case Crime No. 280 of 2012 under Sections 147, 148, 149, 307, 302, 435, 427, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Sahatwar, District Ballia (FIR lodged 18.11.2012); the applicant was in confinement since 06.11.2019. The FIR named five accused and about twenty-five unknown persons; the applicant was not named during the initial stage of investigation and his name first surfaced about a month later on police information; he claimed cooperation in investigation, was not shown to have unduly evaded arrest, and had no criminal history. Co-accused Ambika Ram and Tillu @ Pardeshi had already been enlarged on bail in Criminal Misc. Bail Application Nos. 6693 of 2020 (order dated 14.02.2020). Learned AGA opposed bail on the ground that the applicant remained absconding for about seven years. Granting bail on heavy sureties, the Court took into account that no early conclusion of trial was expected owing to the Covid-19 pandemic, that the applicant was not named in the FIR and his name surfaced much after the statements of the injured and the first informant, and that no reasonable apprehension of evidence-tampering, trial-delay or witness-intimidation was raised by the State. Conditions imposed included: an undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date personally or through counsel (default exposing him to Section 229-A IPC); consequences under Section 174-A IPC upon non-appearance after proclamation under Section 82 Cr.P.C.; personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; filing, self-attestation and official website verification of a computer-generated copy of the order; and liberty to the informant to seek cancellation of bail on violation. The Court also directed compliance with its directions dated 06.04.2020 in Public Interest Litigation No. 564 of 2020 permitting release on executing personal bond where sureties could not be arranged due to lockdown, with sureties to be furnished within one month of actual release. The Court expressed no opinion on the final merits. In Vijay Pratap Verma Vs. State of U.P. (Criminal Misc. Bail Application No. 11973 of 2020, order dated 09.04.2020), the conditions regime of that order was expressly followed.
