Allowed

Udai Pratap @ Gore Chauhan v. State of U.P.

Allahabad HC8 May 2019BAIL/16879/2019

Case brief

AI extract

What is this about?

Single judge court granted bail to bail applicant Vishal in a criminal case alleging cheating and attempt to murder, requiring personal bond and local sureties with specific conditions regarding court attendance and undertaking not to seek adjournments during evidence.

What did the court decide?

Released on bail on furnishing personal bond and two local sureties with specific undertakings and conditions regarding court attendance.

Udai Pratap @ Gore Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16879 of 2019

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Applicant :- Udai Pratap @ Gore Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Yadav,Seema Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.

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Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant and Mr.Shetal Prasad Chaudhary, learned counsel for the State as well as perused the material on record.

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The present bail application has been filed by the applicant -Vishal with a prayer to enlarge him on bail in Case Crime No. 597 of 2018, under Sections 353, 307, 504 and 506 I.P.C., Police Station-Bewar, District-Mainpuri, during the pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the present case. As per the allegations made in the F.I.R., the Police came to know that the applicant who was wanted in another case and was also a history sheeter, was standing on Bamba bridge with his Apache motorcycle as he was waiting of his companion and when the police personnel went to the place where he was standing for his arrest, seeing the police personnels he tried to ran away by firing upon the police personnels but no injury of fire-arm was received by the Police personnel and he has been caught by the police personnels. The entire story as narrated in the first information report is false and concocted. It is next submitted that the recovery shown by the Police is false and planted and is not supported by any independent witness.The applicant has criminal history of seven cases and the same have satisfactorily been explained in paragraph-3 of the supplementary affidavit filed today. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 23rd December, 2018

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, learned A.G.A.could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and

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without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 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.

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(Manju Rani Chauhan, J.)

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Order Date :- 8.5.2019

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Sushil/-

Udai Pratap @ Gore Chauhan v. State of U.P.

Case brief

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Udai Pratap @ Gore Chauhan v. State of U.P.

Case brief

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