HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 47378 of 2019
Applicant :- Manoj Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Siddharth Niranjan
Counsel for Opposite Party :- G.A.
Counter affidavit filed by learned A.G.A is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant,Manoj Singh,in Case Crime No. 130 of 2019, under Sections- 406, 419, 420, 409/411 and 120-B IPC, Police Station- Kuthond, District- Jalaun, with the prayer to enlarge him on bail.
The submission is that the applicant has beenimplicated foroffence under Section 406 IPC. The allegationagainst him that he along with his driver wasentrusted with 300 quintals of wheat which was misappropriated and sold by the applicant along with co-accused, who was driver ofthe truck. He is stated to be the owner of the vehicle. Subsequently, recovery of Rs. 80,000/- has been made from the applicant which isalleged to the amount derived from the sale of the alleged quantity of wheat. It has been submitted by the counsel for the applicant is that the applicant has beenfalsely implicated in this case. The moneyrecovered belonged to him. His driver was responsible for the aforesaidincident. He has been implicated only because he is the owner ofthe vehicle. The applicant is in jail since 02.09.2019 and has no criminal history to his credit.
Learned A.G.A has opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicant-Manoj Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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 applicants 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.
(v) 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.
Order Date :- 10.2.2020