Allowed

Mool Charan Lal Vashist v. State of U.P.

Allahabad HC11 Dec 2018BAIL/44420/2018

Case brief

AI extract

What is this about?

The court granted bail to Mool Charan Lal Vashist, a 74-year-old applicant in custody, citing his age and health. Despite the state's lack of opposition to bail on merits, specific conditions were imposed regarding court attendance and procedural violations.

What did the court decide?

Released on bail with personal bond of Rs. one lakh and two sureties under specified conditions of attendance and conduct.

Mool Charan Lal Vashist Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44420 of 2018

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Applicant :- Mool Charan Lal Vashist Opposite Party :- State Of U.P. Counsel for Applicant :- Udai Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri V.K. Srivastava, learned Senior Advocate, assisted by Sri Udai Shanker Mishra, learned counsel for the applicant, Sri Pankaj Kumar Shukla, learned counsel for the complainant, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant states that the applicant is involved in the present case along with his son Vipin Kumar Vashist whose bail application is also connected with the present bail application. It is stated that the co-accused Chhatrapal has been granted bail by this Court on 1.5.2018 in Criminal Misc. Bail Application No.38874 of 2017, copy of the said order is annexed on page 52 of the preset petition. The applicant is an old person aged about 74 years ailing with several diseases hence his bail may be considered. The applicant is in jail since 24.10.2018.

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Learned AGA opposed the prayer for bail and submitted that the aforesaid co-accused has been granted bail by this Court on the ground of his incarceration in jail for a year but could not dispute the fact that the applicant is an old person and suffering from several diseases.

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Keeping in view that the applicant is an old person aged about 74 years ailing with several diseases and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the applicant is entitled to be released on bail.

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Let the applicant Mool Charan Lal Vashist, involved in Criminal case no.246 of 2016, in case crime no.1005/14, u/s 420, 120-B IPC, P.S. Sadabad, district Hathras pending before Addl. Sessions Judge/Special Judge, P.C. Act, Court No.2, Meerut be released on bail on his furnishing personal bond of Rs. one lakh with two sureties of (out of which one should a family member) to the satisfaction of the court concerned with the following conditions:-

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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.

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(ii) 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.

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(iii) In case, the applicant 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 applicant fail 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 applicants are 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.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 11.12.2018 Gaurav

Mool Charan Lal Vashist v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mool Charan Lal Vashist v. State of U.P.

Case brief

What is this about?

What did the court decide?

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