Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49172

of 2020

Applicant :- Mohammad Hasan

Opposite Party :- State of U.P.

Counsel for Applicant :- Ravi Shankar Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble 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.275 of 2020,

under Section 392, 411, 506 IPC, P.S. Musajhag, District

Budaun.

Learned counsel for the applicant submits that on 05.10.2020

Rs.3.00 lakhs by Subodh and two unknown persons was looted.

He further submits that Subodh was arrested on 07.10.2020 and

in his confessional statement name of the applicant and Usman

& Sachin Thakur surfaced. It is alleged that from the joint

possession of applicant and Subodh & Usman Rs. 94,000/-

were recovered. Sachin Thakur was arrested subsequently and

from his possession Rs. 12,560/- were recovered. Subodh was

enlarged on bail by the trial court by order dated 20.10.2020.

Applicant has history of two criminal cases, which have been

explained in para 12 of the affidavit filed in support of the bail

application. He also submits that a gangster case is also

registered against the applicant subsequent to the present case.

He next 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 07.10.2020.

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

applicant but could not dispute the aforesaid fact.

Considering the facts and circumstances of the case,

submissions advanced by learned counsel for the parties, joint

recovery of the amount and perusing the material on record,

without expressing any opinion on merit of the case, the

applicant is entitled for bail, let the applicant Mohammad

Hasan 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.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad.

The