Allowed

Kunwar Lal v. State of U.P. and Another

Allahabad HC2 Jun 2020ABAIL/2548/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of an anticipatory bail application filed by Kunwar Lal. As no objection was filed by the State, the application was considered on merits under applicable case law and directed release on bail subject to conditions.

What did the court decide?

Grant of anticipatory bail with a personal bond of Rs. 25,000/- and two sureties of like amount, subject to conditions regarding passport surrender, appearance in court, and non-interference with witn

Kunwar Lal Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2548 of 2020

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Applicant :- Kunwar Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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This bail application is being disposed of as per the order dated 4.4.2020 of Hon'ble the Chief Justice.

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Notice of this application was served on the Government Advocate on 6.2.2020 but as yet no objection has been filed on behalf of the State.Notice on Government Advocate is sufficient as per section 438(3) Cr.P.c. (U.P. Amendment).Hence this application is being finally decided.

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The instant anticipatory bail application has been filed on behalf of the applicant, Kunwar Lal, with a prayer to release him on bail in Case Crime No. 06 of 2020, under Sections 379, 411 I.P.C. and section 3,57,7 of the U.P. Mines & Minerals (Prevention) Rules, 1963 Police Station- Tehrauli, DistrictJhansi, during pendency of trial.

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The allegation against the applicant is of illegal mining without valid transit pass.It has been averred in the affidavit filed in support of the anticipatory bail application that sand which was being carried in the tractor was purchased by the applicant for the purpose of construction for his house.Police has falsely implicated the applicant in this case.Even otherwise the First Information Report has been wrongly filed. Complaint is filed in such cases.Applicant has no criminal history to his credit.Applicant has definite apprehension of his arrest by the police

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Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc.

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Anticipatory Bail Application No.2609 of 2020 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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Let the applicant involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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The applicant shall remain present, in person,

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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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.6.2020

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Atul kr. sri.

Kunwar Lal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kunwar Lal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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