Single judge allowed bail application in theft case. Court observed prosecution story was weak and recovery uncorroborated. Ordered release on sureties with undertakings on court attendance.
Applicant enlarged on bail on personal bond and two local sureties of like amount subject to strict undertakings on court attendance.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37886 of 2022
Applicant :- Saddiq Ansari @ Bhola Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.
Heard Mr. Hiralal, learned counsel for the applicant and Mr. Shravan Kumar Ojha, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Saddiq Ansari @ Bhola Ansari with a prayer to enlarge him on bail in Case Crime No. 85 of 2022, under Sections 411, 413, 414, 419 and 420 I.P.C., Police Station-Illia, District-Chandauli, during the pendency of the trial.
The present first information report has been lodged by the Station House Officer against the applicant on 7th July, 2022 alleging therein that on the information received from a Police Informer, the informant and other police personnels arrested the applicant and from whose possession, four theft motorcycles have been recovered.
The learned counsel for the applicant submits that the present first information report lodged by the Police is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. The applicant has been arrested by the Police from his house and only on suspicion as he was involved in some criminal cases, the applicant has been implicated in the present case showing false recovery against him, inasmuch as there is no independent or public witness of the alleged recovery. There is also no direct or indirect evidence on record on the basis of which it can be said that the applicant is involved in the commission of alleged offence. No test identification parade has been done in the present case to connect the applicant in the present case. The applicant has four criminal history except the present one but the same has satisfactorily been explained in the supplementary affidavit. It is next contended that 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. The applicant is in jail since 7th July, 2022. The applicant has undergone more than six months of incarceration as on date.
Per contra learned A.G.A. has opposed the bail prayer of the
applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Shiv Shanker Prasad, J.)
Order Date :- 13.12.2022
Sushil/-
Digitally signed by SUSHIL KUMAR SINGH Date: 2022.12.14 10:25:09 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant should be released on bail subject to furnishing a personal bond and sureties.
What conditions precedent are necessary for granting bail to a first-time offender in theft cases.
Whether the evidence and recovery claimed by the informant is sufficient to sustain incarceration.
Colour shows how this judgement treated each authority
Dataram Singh Versus State of U.P.Explained¶12
(2018) 3 SCC 22 · Who else cites this
9 provisions across 2 enactments
Saddiq Ansari @ Bhola Ansari
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
