Single-judge order granting bail to Vikas Chaurasiya in theft case. Court directed furnishing of personal bond and two sureties, subject to several conduct conditions including prohibition of tampering with witnesses and presence at trial hearings.
Release on bail by furnishing personal bond and two local sureties.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49453 of 2020
Applicant :- Vikas Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.394 of 2020, under Sections 379, 406, 411 I.P.C., Police Station Pataherawa, District Kushi Nagar.
Learned counsel for the applicant submits that according to the FIR version on 1.10.2020, 130 packets were handed over for delivery to the applicant and four others but were stolen. He further submits that it is alleged that from joint possession of the applicant and co-accused stolen articles were recovered. He further submits that there is no public witness of the alleged recovery. It is further submitted that applicant has been falsely implicated in the instant case. 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 28.10.2020.
Per contra, learned A.G.A. has opposed the bail prayer by contending that stolen articles were recovered from the possession of the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant involved in the 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 will not tamper with the evidence and pressurize the witnesses during trial.
(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 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.
(iv) 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, 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.
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 :- 8.1.2021 m.a.
1 issue framed by the court
Whether the applicant entitled to bail in theft case alleging false implication?
7 provisions across 2 enactments
Vikas Chaurasiya
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
