Vikash Mahto v. Ut Chandigarh
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Learned counsel for the petitioner, in rebuttal, has relied upon the judgment of Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012(2) SCC 382 to contend that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other cases. The relevant portion of the said judgment is reproduced herein below :- EAs observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc."
9.
I have heard learned counsel for the parties and perused the paper book as well as the status report and custody certificate of petitioner. 10.
Petitioner (Vikash Mahto), who is a young boy of 20 years of age, has already undergone more than one month 3
, investigation in this case is complete and challan stands presented on 31.10.2022 and there are twelve witnesses cited in the challan; and the report of Central Forensic Science Laboratory is still awaited. Hence, trial in the case is likely to take long time. Moreover, co-accused-Uttam Mallick Om Prakash Jha, have already been granted regular bail.
11.
Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail (if not required in any other case) subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case/trial and any change in the address shall be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He would also furnish his undertaking to the effect that he will not indulge in any illegal activity.
12.
In addition, the petitioner (or anyone on his behalf) shall prepare a Fixed Deposit Receipt (F.D.R.) in the sum of Rs.50,000/- and submit the same with the trial Court. The same would be liable to be forfeited as per law in case the petitioner remains absent from trial without any sufficient cause.
13.
Nothing expressed hereinabove shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. 14.
The petition is accordingly disposed of.
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