HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 27
Case :- BAIL No. – 12011 of 2019
Applicant :- Raish Shah
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Singh,Pankaj Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant submits that initially regarding the same incident an F.I.R. dated 25.01.2017 was lodged against the applicant which was registered as Case Crime No.17 of 2017, under Section 406 I.P.C., Police Station Jahagirganj, District Ambedkar Nagar and during investigation Sections 419, Section420, Section467, Section468 and Section471 I.P.C. were added. In the aforesaid Crime number applicant was enlarged on bail, the bail order is on record. However, maliciously another F.I.R. was lodged at the instance of the informant of the first F.I.R. by his relative Faizullah. Learned counsel for applicant further submits that matter is triable by Magistrate. He further submits that applicant is in jail since 12.05.2017. Chargesheet in the matter has already been filed.
It is lastly submitted that there is no possibility of the applicant of 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 applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Raish Shah involved in Case Crime No. 266/2018, under Sections 406, Section420 IPC, Police Station – Akbarpur, District – Ambedkar Nagar be released on bail on his 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) 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.
(v) 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.
(vi) 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.
Order Date :- 3.1.2020