The High Court allowed the bail application filed by the applicant accused of wire theft. The court observed a delay in FIR lodging and lack of asymmetric role in informant's statement, finding the case fit for bail.
Release of applicant Usman @ Arman on personal bond and two sureties subject to specific conditions regarding court appearances and conduct.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40481 of 2022
Applicant :- Usman @ Arman Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.69 of 2022 at Police StationMirahchi, District- Etah, under Sections 379, 411 IPC and 136 of Electricity Act, 2003 during the pendency of trial.
As per the version of the FIR, during checking, it was found by the informant that wire of 33 KV was cut by some unknown thieves at Village-Chathi, District-Etah.
Learned counsel for the applicant contends that applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. The unexplained delay of about one month in lodgement of F.I.R. shows that the same has been lodged as an afterthought and even in his statement recorded under Section 161 Cr.P.C., informant has not assigned any role to the present applicant in committing the aforesaid offence. Recovery of one bundle wire has been shown from the joint possession of the coaccused persons including the present applicant by the police in another case crime No.82 of 2022, in which he has already been granted bail by the court below vide order dated 08.08.2022. Learned counsel for the applicant has satisfactorily explained the criminal history of the applicant and further contends the applicant has become a soft target for the police authorities who repeatedly nominated him in a number of F.I.Rs. only to burnish their professional credentials. The aforesaid cases do not have any bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. In case he is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 02.06.2022.
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-applicant.
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 without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant, namely, Usman @ Arman , be released on bail in the aforesaid Case Crime Number on 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 applicant shall file an undertaking to the effect that 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.
(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant 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 :- 16.9.2022/Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.09.17 12:00:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail under the given facts and circumstances?
Usman @ Arman
State of U.P.
Gajendra Kumar
As recorded by the court registry
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