Bail (A) 36108 2021

Court No.
- 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36108 of 2021
Applicant :- Yogesh Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey,Mohammad Zakir
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Despite time granted to the learned AGA to file counter

affidavit, no counter affidavit has been filed till today.
Heard Mr. Krishna Kant Dubey, holding brief of Mr. Santosh

Kumar Dubey, learned counsel for the applicant, learned AGA
for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal

Procedure has been filed by the applicant seeking enlargement
on bail in Case Crime No.0210 of 2021, under Sections 411,
413, 414, 468 IPC, Police Station Sector-24, District Gautam
Budh Nagar.
I have perused the prosecution story as set up in the impugned

first information report and also the bail rejection order.
Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case due
to ulterior motive. From the possession of the applicant, one
stolen car has been recovered. He further submits that after
arrest, the applicant has also been implicated in case of other 7
stolen car, which has not been connected with any crime. The
applicant has never committed any offence as alleged in the
first information report. The alleged recovery that has been
shown is false and fabricated. There is no public witness of the
alleged recovery. He further submits that applicant is having
criminal history of four cases in which he is on bail. Several
other submissions in order to demonstrate the falsity of the
allegations made against the applicant have also been placed
forth before the Court. The circumstances which, according to
the counsel, led to the false implication of the accused have also
been touched upon at length. It has been assured on behalf of
the applicant that he is ready to cooperate with the process of
law and shall faithfully make himself available before the court
whenever required. The applicant is in jail since 05.04.2021.
On the other hand, learned A.G.A. opposes the application for

bail.
After perusing the record in the light of the submissions made

at the bar and after taking an overall view of all the facts and
circumstances of this case, the nature of evidence, the period of
detention already undergone, the unlikelihood of early
conclusion of trial and also the absence of any convincing
material to indicate the possibility of tampering with the
evidence, this Court is of the view that the applicant may be
enlarged on bail.
Let the applicant-Yogesh Kumar, who is involved in

aforementioned case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned subject to following
conditions. Further, before issuing the release order, the sureties
be verified.
(i) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the date 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 IPC.
(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., may
be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court
on dates fixed for (1) opening of the case, (2) framing of charge and (3)
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.
(v) The Trial Court may make all possible efforts/endeavour and try to
conclude the trial within a period of one year after the release of the
applicant.
In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.
It is made clear that observations made in granting bail to the

applicant shall not in any way affect the learned trial Judge in
forming his independent opinion based on the testimony of the
witnesses.
Order Date :- 24.12.2021/Ajeet

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Court No.

Hon'ble Shekhar Kumar Yadav,J.

Despite time granted to the learned AGA to file counter

Heard Mr. Krishna Kant Dubey, holding brief of Mr. Santosh

This bail application under Section 439 of Code of Criminal

I have perused the prosecution story as set up in the impugned

Learned counsel for the applicant submits that the applicant is

On the other hand, learned A.G.A. opposes the application for

After perusing the record in the light of the submissions made

Let the applicant-Yogesh Kumar, who is involved in

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

It is made clear that observations made in granting bail to the

Order Date :- 24.12.2021/Ajeet

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