Allowed

Anil Kumar @ Pappu v. State of U.P.

Allahabad HC6 Feb 2019BAIL/5136/2019

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application allowed the release of the applicant on a personal bond with sureties. The High Court addressed the applicant's failure to appear due to unavoidable circumstances and granted bail subject to strict conditions regarding trial attendance and preventing adjournments.

What did the court decide?

Release of applicant on personal bond with two sureties of Rs. Two Lacs each.

Anil Kumar @ Pappu Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5136 of 2019

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Applicant :- Anil Kumar @ Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mazhar Ullah, learned counsel for the applicant learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and in pursuance of the same, he was arrested on 27.09.2018 and the trial is in progress. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 27.09.2018.

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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 and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Anil Kumar @ Pappu involved in S.T. No. 234 of 2016, arising out of Case Crime No. 327 of 2014, under Section 25 Arms Act, Police Station Bilaspur, District Rampur be released on bail on his furnishing a personal bond with two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount 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 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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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 6.2.2019 Arti

Anil Kumar @ Pappu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anil Kumar @ Pappu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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