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The Allahabad High Court has allowed the bail application of Saharsh Rai @ Goldi Rai, lodged in jail for disclosing the information of Teacher Eligibility Test (TET) in Azamgarh.
A single bench of Justice Samit Gopa passed this order while hearing a Criminal Misc Bail Application filed by Saharsh Rai @ Goldi Rai.
The bail application under Section 439 of Code of Criminal Procedure has been filed by Saharsh Rai @ Goldi Rai, seeking enlargement on bail during trial in connection with Case under Sections 407, 408, 409, 420, 34 IPC and 4/7(Ka)(Kha) Prevention of Corruption Act, registered at PS Rani Ki Sarai, District Azamgarh.
The counsel for the applicant argued that the applicant has been falsely implicated in the case. It is argued that although the applicant is shown to have been arrested and Rs 50,000 and a mobile phone are shown to have been recovered from his possession, the said recovery of money is a false recovery as the said money was taken by police with Rs 5,000 more from the house of the applicant which has been shown as a recovery in the matter.
It is argued that there is no credible evidence at all to connect the applicant in the matter.
Further, it is argued that co-accused Vedprakash Yadav, Surya Prakash Yadav, Tara Singh Patel, Neeraj Kumar Saxena, Ravindra Yadav, Jitendra Singh, Zafar Khan, Arshi, Sazida and Najia have been granted bail by co-ordinate Benches of the Court.
It is argued that although the co-accused Dheeraj Rai and Anant Kumar were named in the FIR, they were not arrested at the spot and have been granted anticipatory bail by co-ordinate Benches of this Court.
It is also argued that there is no recovery of incriminating material either from the possession or pointing out of the applicant. The applicant has no other criminal antecedents as stated in the affidavit and is in jail since 24.1.2022.
Per contra, State counsel opposed the prayer for bail and argued that the applicant is named in the FIR and there are allegations against him. It is argued that apart from the case, the applicant is involved in one other case as per the report of the District Crime Record Bureau (DCRB) and Crime and the Criminal Tracking Network and Systems (CCTNS).
The State counsel has placed the counter affidavit and has argued that apart from the case one FIR under UP Gangsters and Anti Social Activities (Prevention) Act has also been registered in which he is involved.
“After having heard the counsels for the parties and perusing the record, it is evident that co-accused persons have been granted bail by coordinate Benches of the Court. There is explanation given by the applicant in the affidavit in support of bail application with regards to alleged recovery of money from his possession. Looking at the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court is of the view that the applicant may be enlarged on bail,” the Court observed while allowing the bail application.
The Court ordered,
Let the applicant Saharsh Rai @ Goldi Rai, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 CrPC, 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.
(V) 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 CrPC. 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 a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.