Court granted bail to applicant in robbery FIR where co-accused already released. Bail on personal bond and two sureties with conditions regarding court attendance and prohibition of adjournment, citing IPC 229-A and Cr.P.C. 82.
Applicant released on bail subject to personal bond and two reliable sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8641 of 2022
Applicant :- Sachin Yadav @ Seetu Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant 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 applicant seeking bail in Case Crime No. 247 of 2021, under Sections 395, 412, 120-B IPC, Police StationEtmadpur, District- Agra.
The submission of learned counsel for the applicant is that the FIR in issue was lodged against unknown persons. As per the FIR, three unknown persons snatched a Vivo mobile phone of the informant having SIM Number 7409928561 as also a Glamour Motor Cycle. Thereafter, the applicant and other co-accused namely Prem Kumar and Anant yadav @ Kaju were apprehended by the police of the police station concerned on 23.07.2021. From the possession of the applicant, the prosecution has shown recovery of a 315 bore countrymade pistol, two live cartridges and Rs. 800/-, in relation to which, an FIR as Case Crime No. 369 of 2021 was lodged, in which, the applicant has been enlarged on bail by the Court below vide order dated 01.11.2021 passed in Bail Application No. 3521 of 2021, copy of which is annexed with supplementary affidavit dated 15.12.2021. It is further stated that there is no public witness of alleged recovery so as to support the story of prosecution. It is also stated that other co-accused namely Praveen in present case crime number has already been released on bail by this Court vide order dated 04.01.2022 passed in Criminal Misc. Bail Application No. 55125 of 2021. It is further stated that nothing was recovered from the possession of the applicant, on the basis of which, he can be implicated in the instant case. It is also stated the applicant is languishing in jail since 26.10.2021. In these circumstances, the applicant is entitled to be released on bail. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail.
Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicant that co-accused has already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, period of incarceration, arguments advanced by the learned counsel for the parties and keeping in mind that co-
accused has 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 applicant- Sachin Yadav @ Seetu be released on bail in the aforesaid Case Crime Number on his 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 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 misuse 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 fail 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
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 :- 30.5.2022 Arun/-
Digitally signed by ARUN KUMAR GANGWAR Date: 2022.05.30 17:08:07 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving robbery, offence under Section 120-B IPC, after co-accused are released on bail.
What conditions should be imposed when granting bail to an applicant facing allegations of robbery and illegal possession of a firearm.
3 provisions across 2 enactments
Sachin Yadav @ Seetu
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
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