The High Court granted bail to the applicant under Section 439 CrPC in a case involving theft and criminal mischief. The court imposed standard conditions including personal bond, sureties, and strict attendance requirements.
Released on bail with personal bond and two sureties subject to conditions of attendance and behavior.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31919 of 2021
Applicant :- Nand Kishor @ Nandu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 0130 of 2021, under Sections 379, 411 IPC Police Station Aata, District Jalaun.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on false facts. It is further submitted that 100 liter transformer oil, country-made pistol and two live cartridge of 315 bore are said to have been recovered from the joint possession of the applicant and co-accused Ranjeet Singh which is false and fabricated by the police. There is no independent witness to support the prosecution case. It is next submitted that similarly placed co-accused Ranjeet Singh has been granted bail by this Court vide order dated 13.9.2021 passed in Criminal Misc. Bail Application No. 32378 of 2021, therefore, applicant is also entitled to be released on bail on the ground of parity. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant has no criminal history and he is languishing in jail since 30.6.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and
circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Nand Kishor @ Nandu, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 21.9.2021 SY
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the pending criminal trial.
1 provisions across 1 enactments
Nand Kishor @ Nandu
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
