Gurmit@ Kala vs State Of U.P.

Piyush Agrawal, 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. 390/2021 , under Sections 379, 411, 427, 120B IPC, sections 15/16 of Petroleum & Minerals Pipelines Act, section 4(a) of the Explosive Substances Act, sections 3/4 of the Prevention of Damage to Public Property Act and sections 3/7 Essential Commoditie4s Act, Police Station- Sarsawa, District - Saharanpur.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is a student of ITI and on 11.12.2021, he was going to his village from Sarsava and in the way, Police stopped his car for checking and demanded illegal money, which was denied by the applicant and after some hot arguments, he was arrested by showing false recovery of country made pistol as well as 200 liter diesel. He further submits that except confession of the applicant and other co-accused person, no direct or indirect evidence against the applicant is there. He further submits that at the time of recovery, no public witness was present. He further submits that except joint recovery of 200 litres of diesel, nothing incriminating articles were recovered from the possession of the applicant or his pointing out. It is also submitted that on a similar case, this Court has granted bail to the applicant in Criminal Misc. Bail Application No. 18098 of 2022 vide order dated 19.05.2022. 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 and the applicant is in jail since 11.12.2021 and the possibility of conclusion of trial in near future is very bleak.

Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant namely, Gurmit @ Kala, be released on bail in the aforesaid Case Crime Number on 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 the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant in accordance with law.

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.