Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21904

of 2021

Applicant :- Priyanshu Chaudhary

Opposite Party :- State of U.P.

Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and learned AGA for

the State through vedio conferencing.

It is submitted by the learned counsel for the applicant that

applicant is labour and he has been falsely implicated in the

present case. It is next submitted that applicant alongwith two

other co-accused Sonu Yadav and Lucki Paswan were shown to

be arrested alongwith recovery of Tullu pump. It is further

submitted that co-accused Lucki Paswan has been enlarged on

bail by this Court vide order dated 11.6.2021 in Criminal Misc.

Bail Application No. 21741 of 2021. Prior to this case,

applicant is having no criminal history. He is languishing in jail

since 11.4.2021 and in case he is released on bail, he will not

misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. has opposed the prayer for bail, but could not

dispute the aforesaid facts.

Considering the material on record 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, larger mandate of

Article 21 of the Constitution of India, without expressing any

opinion on the merit of the case, let the applicant- Priyanshu

Chaudhary, involved in Case Crime No. 71 of 2021, under

Section- 401, 411, 413 IPC, Police Station- Sikanderpur,

District- Ballia, be enlarged on bail on his executing a personal

bond and two sureties each in the like amount to the satisfaction

of the court concerned.

The party shall file computer generated copy of such order

downloaded from the official website of High Court, Allahabad.

The concerned Court/Authority/Jail 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.

This bail order would be subject to the fulfilment of following

conditions:-

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

4. 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;

5. In case, the applicant misuses the liberty of bail 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.

6. 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 default of this

condition is deliberate or without sufficient cause, then it shall

be open for the trial court to treat such default as abuse of

liberty of his bail and proceed against him in accordance with

law.

7. In case the applicant has been enlarged on short term bail as

per the order of committee constituted under the orders of

Hon'ble Supreme Court his bail shall be effective after the

period of short term bail comes to an end.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 23.6.2021

Junaid

Digitally signed by Justice Neeraj