The court granted bail to the applicant in a criminal case involving sections of the IPC related to possession of stolen goods and forgery, noting the co-accused was already granted bail and no risk of fleeing or tampering was apprehended.
Applicant granted bail on furnishing a personal bond with two reliable sureties.
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Neutral Citation No. - 2024:AHC-LKO:38970
Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5144 of 2024
Applicant :- Ejaj Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Counter affidavit filed by the learned Government Advocate is taken on record. Learned counsel for the applicant submits that he does not wish to file any rejoinder affidavit.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.140 of 2024 under Sections 411, 413, 414, 420, 467, 468, 471 I.P.C relating to P.S. Kotwali Nagar, District Barabanki.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated. It is alleged that as per the allegations contained in the FIR, it is alleged that the police personnel had received a tip that there are two persons who are involved in the selling of motorcycles and automobiles and in case if they are apprehended, it can give information regarding many other.
It is further alleged that in furtherance thereof the police personnel during duty acted on the tip and stopped a motorcycle bearing No. UP 32 JX 4692. The two persons riding the said motorcycle were identified as the applicant and the other coaccused. It is further urged that in the aforesaid recovery, the applicant was found with Rs. 400/- along with the motorcycle and it also indicated that the license plates on the said motorcycle was fake and the number related to a Hyundai Car.
The submission of learned counsel for the applicant is that there is no public witness nor the alleged vehicles said to have been recovered from the applicant has any basis. The applicant has been falsely implicated and in the said incident, the applicant has been slapped with another case. It has further been pointed
out that the co-accused namely Irshad Ali has already been enlarged on bail by this Court by means of order dated 07 May, 2024 passed in Criminal Misc. Bail Application No.4908 of 2024.
Learned A.G.A., on the basis of the counter affidavit, has opposed the prayer for bail, however, could not dispute the aforesaid facts.
Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Ejaj Ahmad involved in the aforesaid FIR/Case Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.5.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail in the pending criminal case?
4 provisions across 2 enactments
Ejaj Ahmad
State Of U.P.
Jaspreet Singh
As recorded by the court registry
3 orders share this CNR
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