Heera Thathera And Another vs State Of U.P.

Saurabh Lavania, J

Heard learned counsel for the applicants 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. 324 of 2021, under Sections-406, 419, 420 I.P.C., Police Station-Bansdih, District-Ballia.

Learned counsel for the applicants submitted that accused-applicant are innocent and have been falsely implicated in the instant case. The FIR, relates to the incident which took place on 18.11.2021, was lodged against unknown persons with delay of 26 days i.e. on 14.12.2021. The delay in lodging of FIR is fatal to the case of the prosecution. The applicants were arrested during investigation. The prosecution has shown recovery of two pair of ear rings and two rings of gold from the possession of the applicants and thereafter, implicated them in three cases i.e. Case Crime Nos. 324 of 2021 (Present case), 0364 of 2021 and 0299 of 2021. The recovery shown by the prosecution is fake one. There is no public independent witness to support the story of the prosecution. The applicants are in jail since 15.12.2021 and the possibility of conclusion of trial in near future is extremely bleak. The identification, as required under law, has not been carried out. The offences are triable by Magistrate. Further submitted that after taking note of the entire facts of the case, this Court has enlarged the applicants on bail vide order dated 20.05.2022 passed in Criminal Misc. Bail Application No. 18563 of 2022. In these circumstances of the case, the applicants are entitled to be released on bail.

It is also submitted that there is no apprehension that after being released on bail, they may flee from the course of law or may otherwise misuse the liberty of bail.

Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail, however, he could not dispute the above contention made by the learned counsel for the accused-applicants.

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 keeping in mind that the FIR was lodged with delay of 26 days as also that the applicants in Case Crime No. 0299 of 2021 have already been released on bail and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant- Heera Thathera and Uttam Shah be released on bail in aforesaid Case Crime, on their furnishing personal bond to the satisfaction of the court concerned forthwith. Applicants are also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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.