Criminal Misc. Bail Application filed by Sant Lal Vishwakarma seeking bail in Arms Act case. Court allowed bail on personal bond and two heavy sureties subject to specific conditions.
Bail granted on personal bond and two heavy sureties each subject to specific conditions regarding attendance and conduct.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38897 of 2019
Applicant :- Sant Lal Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pramod Shukla, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Sant Lal Vishwakarma with a prayer to enlarge him on bail in Case Crime No.437 of 2019, under Sections 3/5/25 of Arms Act, Police Station Ghurpur, District Allahabad (Prayagraj).
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that a planted recovery of two country made pistols 315 bore, iron rods and plastic have been shown from the possession of the applicant. There is no independent/public witness of the alleged recovery. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 10.08.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer of the applicant, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused in Custom Act, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each, subject to verification, of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(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 of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(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.
(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 :- 30.10.2019 Anand Sri./-
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving possession of arms and weapons under the Arms Act.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherExplained¶9
Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
Sant Lal Vishwakarma
Manju Rani Chauhan
As recorded by the court registry
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