HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 12
Case :- BAIL No. – 5442 of 2019
Applicant :- Awdhesh And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Riya Ghosh
Counsel for Opposite Party :- G.A.
Hon’ble Mrs. Rekha Dikshit,J.
Counter affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submitted that the accused applicants have falsely been implicated in the present case. It has further been submitted that the complainant entered into transactions as per his own wish and he had all opportunity to examine the stock. The applicants cannot be held liable for the alleged crime as there is no evidence on record to establish the guilt of the applicants regarding offence under Section 406 IPC. It has also placed before the Court that the alleged brick gold produced by the informant before the police investigation is totally falsify the prosecution case. The accused-applicant is languishing in jail since 27.2.2019 having no criminal history. It is further submitted that there is no possibility of the applicant fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicants,Awdhesh and Mushtaq Ali, involved in Case Crime No.717 of 2018, under Sections 419, Section420, Section406, Section472 and Section473 IPC, Police Station – Kotwali Nagar, District – Barabanki be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 their 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.
Order Date :- 11.9.2019