Allowed

Ehsan v. State of U.P. and Another

Allahabad HC19 Jun 2019CRLA/4282/2019

Case brief

AI extract

What is this about?

Held the criminal appeal against the bail rejection order allowed, impugned order set aside, and appellant granted bail conditioned on attending dates and strict undertakings to avoid abuse of process.

What did the court decide?

Appeal allowed, order dated 30.05.2019 set aside, appellant released on bail with personal bond and two sureties subject to strict undertakings regarding court attendance.

Ehsan Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL APPEAL No. - 4282 of 2019

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Appellant :- Ehsan Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sanjay Kumar Yadav, learned counsel for the appellant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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This criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed filed against the bail rejection order dated 30.05.2019 passed by Special Judge (SC/ST) Act, Azamgarh in Case Crime No. 119 of 2019, under sections 147, 323, 504, 506, 308, 354Ka, 336 IPC and 3(1)Da, , 3(1) Dha and 3(2)5Ka, SC/ST Act, Police Station- Mubarakpur, District Azamgarh seeking bail in the aforesaid sections.

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The submission of learned counsel for the appellant is that the appellant has been falsely implicated by the informant only for harassment and extraneous consideration due to political enmity. It is further submitted that as per injury report of the injured persons it is clear that all the injuries found on the body of the injured were simple in nature, the said fact has been mentioned in para 13 to the affidavit filed in support of bail application. The appellant is aged about 62 years and has no criminal history. Therefore, this appeal may be allowed.

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On behalf of the State these arguments have been repelled.

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Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance hence, appeal as also bail application filed before the court below are allowed, order dated 30.05.2019 is hereby set aside.

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Let appellant, Ehsan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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The appellant shall file an undertaking to the effect that he

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shall not seek any adjournment on the dates fixed for evidence, if 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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The appellant 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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In case, the appellant misuses the liberty of bail 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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The appellant 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 19.6.2019 Arti

Ehsan v. State of U.P. and Another

Case brief

What is this about?

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Ehsan v. State of U.P. and Another

Case brief

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