The innocence of the applicant, lack of previous criminal history, and joint possession of the looted vehicle were key factors in granting bail.

Manoj Misra, J.

Counter affidavit filed today, is taken on record.

2. Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

3. The present bail application has been filed by the applicant in case crime No.998 of 2014, under Sections 394, 411 IPC, Police Station Sikandrabad, District Bulandshahr with the prayer to enlarge him on bail.

4. The submission of the learned counsel for the applicant is that the prosecution is based on recovery of looted vehicle from joint possession of four persons. It has been submitted that co-accused Mahendra and Jeetu have been granted bail by this Court vide orders dated 06.04.2015 and 12.06.2015 passed in Bail Nos.8967 of 2015 and 20932 of 2015 respectively. It has been submitted that the applicant is innocent with no previous criminal history and is in jail since 26.11.2014 and, in case he is enlarged on bail, he will not misuse the liberty of bail.

5. Learned AGA has opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

6. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

7. Let applicant Pramod 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 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.

(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.