The court has the discretion to grant bail to an accused person based on the facts and circumstances of the case, including the period of detention, the strength of the evidence against the accused, and the severity of the charges.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42984

of 2021

Applicant :- Satyendra Singh Bhadauriya

Opposite Party :- State of U.P.

Counsel for Applicant :- Anjani Kumar Raghuvanshi

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the

applicant, Sri Pankaj Srivastava, learned AGA for the State and

perused the material on record.

The instant bail application has been filed on behalf of the

applicant, Satyendra Singh Bhadauriya with a prayer to

release him on bail in Case Crime No. 753 of 2016, under

Sections 419, 420, 467, 468, 471, 120B IPC, Police Station-

Rohaniya, District-Varanasi, during pendency of trial.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case due

to ulterior motive. He further submits that the applicant is not

named in the first information report and there is no

incriminating evidence against the applicant showing his

involvement in the incident as alleged in the FIR. He further

submits that the arrest of named accused Sharad Kumar Pandey

was stayed till submission of the charge sheet vide order dated

18.06.2018 passed by the co-ordinate Bench of this Court. He

further submits that the above named accused has not been

chargesheeted till date, however, the charge sheet has been

submitted against the applicant without any cogent evidence.

He further submits that the applicant has criminal history of

three cases, which have been explained in para 11 of the

affidavit in support of bail application stating therein that in all

the cases, he has been enlarged on bail. The applicant is

languishing in jail since 24.10.2019. In case, he is released on

bail, he will not misuse the liberty of bail and will cooperate in

the trial by all means. Lastly, it is submitted that there is no

chance of applicant fleeing away from judicial process or

tampering with the witnesses.

Per contra learned A.G.A. has opposed the bail prayer of the

applicant by contending that the innocence of the applicant

cannot be adjudged at pre trial stage, therefore, he does not

deserves any indulgence. In case the applicant is released on

bail he will again indulge in similar activities and will misuse

the liberty of bail.

Seeing the period of detention of the applicant for the alleged

offence and considering the material/evidence brought on

record, complicity of the accused, severity of punishment, as

well as the dictum of Apex Court in the case of Dataram Singh

vs. State of U.P. and another, reported in (2018) 3 SCC 22, let

the applicant 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

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 their 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 (