Allowed

Jugal Kishor Ahirwar and Another v. State of U.P.

Allahabad HC19 Jan 2018BAIL/2109/2018

Case brief

AI extract

What is this about?

This single-judge court granted bail to two applicants arrested on non-bailable warrants for a criminal trial in progress. The court imposed strict conditions to ensure appearance and prevent abuse of bail if witnesses are to be tempering.

What did the court decide?

Applicants released on bail by furnishing personal bonds with two heavy sureties each, subject to four specific conditions regarding attendance and cure for default.

Jugal Kishor Ahirwar and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2109 of 2018

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Applicant :- Jugal Kishor Ahirwar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Arun Kumar Singh, learned counsel for the applicants and Sri Purushottam Maurya, learned Additional Government Advocate appearing for the State.

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It has been contended by the learned counsel for the applicants that due to some unavoidable circumstances, the applicants could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrants were issued against the applicants and in pursuance of the same, they were arrested on 17.8.2017 and 21.8.2017 and the trial is in progress. The applicants undertake to appear before the trial court on each and every date fixed by the trial court. The applicants have no other reported previous criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.

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Let the applicants, Jugal Kishor and Rinku @ Ram Prakash involved in Special Case No. 118 of 2008 arising out of Case Crime No. 1566 of 2008, under Sections 392, 411 and 120-B IPC, Police Station Khair, District Aligarh be released on bail on their furnishing a personal bonds with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following condition:-

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(i) The applicants shall file an undertaking to the

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effect that they 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.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 them in accordance with law.

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Order Date :- 19.1.2018

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Sumaira

Jugal Kishor Ahirwar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jugal Kishor Ahirwar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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