The Allahabad High Court disposed of criminal miscellaneous bail application filed by Firoj. Relying on the short-term bail order of the Apex Court and the enlargement of co-accused, the court granted bail subject to furnishing a personal bond and two sureties.
Released on bail by furnishing a personal bond and two local sureties each of like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25418 of 2021
Applicant :- Firoj Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.469 of 2020, under Sections 411, 414, 482 I.P.C., P.S. Sector-58 NOIDA, District Gautam Budh Nagar.
Learned counsel for the applicant submits that according to F.I.R. version eight persons were arrested along with a stolen motorcycle and on 13.09.2020 13 vehicles were recovered on the pointing out of applicant and co-accused. He further submits that on 02.12.2020 co-accused Ayub, Afjal, Subhash Saini and Lovpreet Singh have been enlarged on bail by the court below. He submits that after registration of the present case six more cases also have been registered against the applicant and all the cases are triable by Magistrate-Ist Class as well as in view of the order of Hn'ble Apex Court applicant is on short term bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 17.01.2021.
Per contra, learned A.G.A. opposed the bail prayer of the applicant but could not dispute the factual aspects.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail by the court below, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Firoj 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 will not tamper with the evidence and will not
pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.8.2021 Jitendra
Digitally signed by Justice Ali Zamin Date: 2021.08.04 17:51:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Firoj is entitled to bail in the criminal case under sections 411, 414, 482 IPC.
2 provisions across 1 enactments
Firoj
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
