Allowed

Ram Prakash @ Prakash v. State of U.P.

Allahabad HC13 Apr 2018BAIL/31148/2016

Case brief

AI extract

What is this about?

In a criminal bail application under Section 302 IPC, the High Court granted bail to the accused on furnishing a personal bond and sureties. The Court held that since the applicant was named in the case only after one month based on last seen evidence without any recovery of incriminating articles and had no prior criminal history, he made out a case for release on bail. Strict conditions were imp

What did the court decide?

Bail granted on furnishing a personal bond of Rs. 1 Lakh and two heavy sureties, subject to strict undertakings regarding attendance and no adjournments.

Ram Prakash @ Prakash Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31148 of 2016

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Applicant :- Ram Prakash @ Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Heard Sri A.K.Singh Solanki, learned counsel for the applicant, Sri Prabhas Pandey, learned A.G.A. for the State and perused the record.

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It has been contended by learned counsel for the applicant that the applicant is not named in the F.I.R. After one month of the incident he has been implicated in the present case only on the basis of last seen evidence. There is no previous criminal history of the applicant. No recovery of any incriminating article has been made from the possession of the applicant or at his pointing out. The applicant is in jail since 10.7.2016.

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant Ram Prakash alias Prakash, involved in Case Crime No. 885 of 2015, under Section 302/201 I.P.C., P.S. Binawar, District Budaun be released on bail on furnishing a personal bond of Rs. 1 Lakh and two heavy sureties (one should be of family members) 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:-

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(i) The applicant shall file an undertaking to the effect that he 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(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. 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.

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(iv) The applicant 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 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. Order Date :- 13.4.2018 A.K.Srivastava

Ram Prakash @ Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Prakash @ Prakash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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