9911796707
TMI Blog2021 (8) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... stom Act- 1962, Police Station- D.R.I. Lucknow, District- Lucknow. Learned counsel for the applicant has submitted that on 10.12.2020 some police personnel in civil dress came in train and forcibly took away the accused-applicant along with other three co-accused. The alleged fake recovery of 23 biscuits was shown, cumulative weight of which is found 3818.740 grams and total value of the said recovered gold is Rs. 1,97,42,886/- shown in the recovery memo. As per the story of the prosecution, the officer D.R.I., Lucknow on the basis of specific information intercepted four persons, namely, Manoj Yadav, Suresh Pareek (present applicant), Ganesh Daiya and Vikas Kumar Daga from coach of train No.02549 at Kanpur Central Railway Station on 10.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scuits from four accused persons. Learned counsel appearing on behalf of the applicant submitted that there is no previous criminal history of the applicant as explained in paragraph 26 of the affidavit. The applicant is in jail since 11.12.2020. There is no possibility of accused applicant influencing the investigation. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the evidence. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial. Shri Digvijay Nath Dubey, learned counsel appearing on behalf of the opposite party has vehemently opposed the bail application and submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Digvijay Nath Dubey, learned counsel for the opposite party has submitted that applicant is not entitled for the bail but he has not contradicted the facts as there is no previous criminal history of the present applicant and the co-accused Vikas Kumar Daga has already been enlarged on bail on 27.01.2021 by the court below. I have heard the learned counsel for the parties and perused the record. I have perused the FIR, alleged recovery as well as rejection order dated 16.01.2021 passed by the lower court in the application of the bail of the present applicant and the order dated 27.01.2021 passed by the court below in the case of co-accused Vikas Kumar Daga. While rejecting the bail application, the court below has taken into considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court to treat it as abuse of liberty of bail and pass orders in accordance with law. 2. 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. 3. 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. 4. The applicant shall remain present, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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