Hon'ble Justice Ali Zamin allowed a bail application filed by Devesh @ Deva in a theft case. The court granted bail based on parity with a co-accused who was already released, imposing standard conditions to prevent tampering with witnesses and ensuring court attendance.
Release on bail by furnishing a personal bond and two local sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6255 of 2021
Applicant :- Devesh @ Deva Opposite Party :- State of U.P. Counsel for Applicant :- Aniruddha Kumar Dwivedi,Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
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.824 of 2020 ,under Sections 379, 411 IPC, Police Station Sirsaganj, District Firozabad.
Learned counsel for the applicant submits that according to the F.I.R. version, on 21.11.2020 a motorcycle No. UP 83 AE 6166 was stolen. He further submits that after 24 days of the incident, applicant and co-accused Rajesh Mudda were arrested along with UP 83 AF 6166 and on the basis of confessional statement applicant and co-accused were implicated in the present case. He further submits that the co-accused Rajesh Mudda has been granted bail by co-ordinate Bench of this Court vide order dated 04.02.2021 in Criminal Misc. Bail Application No.5616 of 2021. Therefore, the applicant is entitled for bail on the ground of parity and 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 there is criminal history of four cases against the applicant, which have been explained in Para 18 of the bail application and he is languishing in jail since 17.12.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.
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, the applicant is entitled for
bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Devesh @ Deva involved in aforesaid case crime be released on bail on his/her 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 :- 19.2.2021/Zafar
3 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused and lack of flight risk.
What procedural conditions must be imposed to grant bail in theft-related offences.
What consequences follow if the applicant misuses bail or fails to appear in court.
4 provisions across 2 enactments
Devesh @ Deva
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
