Mohammad Akmal vs State Of U.P.

Ali Zamin, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.117 of 2022, under Section 392, 411, 417, 465, 467 IPC, P.S. Budhana, District Muzaffarnagar.

Learned counsel for the applicant submits that as per FIR, on 17.04.2022 car no. DL3CCL 7262 was looted by unknown persons. After five days of the incident on information of the informant applicant and co-accused Asif Rana were arrested and recovery of alleged car and two other cars has been made. Applicant has no criminal history. He has been falsely implicated in this case. There is no independent witness of the recovery. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 23.04.2022.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that there is no reason to falsely implicate the applicant and alleged car has been recovered from the possession of the applicant, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence and perusing the material on record, no independent witness of the alleged recovery without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Mohammad Akmal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 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 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.

(iii) 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.

(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 him in accordance with law.