Court granted bail to two applicants in a case under Sections 136, 137 of Electricity Act. Bail allowed subject to personal bond, sureties, and specific conditions regarding court attendance and abstaining from adjournment requests.
Applicants to be released on bail on furnishing personal bond and two sureties each.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26958 of 2022
Applicant :- Sajid And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicants seeking bail in Case Crime No. 102/2022, under Sections 136, 137 of Electricity Act, Police Station- Garhmukhteshwar, District - Hapur.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that the applicants had not participated in the alleged incident. No specific role has been assigned to the applicants for commission of alleged crime. He further submits that the applicants were not named in the FIR, but they were implicated later on. It is stated that after taking note of entire facts and circumstances of the case, co-accused, namely, Riyazuddin @ Kaala, has already been enlarged on bail by this Court vide order dated 14.07.2022 passed in Criminal Misc. Bail Application No. 25413/2022. Accordingly, the applicants are also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, they may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 18.02.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicants that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicants, namely, Sajid and Arif, be released on bail in the
aforesaid Case Crime Number on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 29.9.2022 Amit Mishra
(Piyush Agrawal,J.)
Digitally signed by AMIT KUMAR MISHRA Date: 2022.09.29 13:39:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to be released on bail in the pending criminal trial.
Sajid
Arif
Piyush Agrawal
Amit Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
