Allowed

Sumit v. State of U.P. and 2 Others

Allahabad HC2 Jun 2020ABAIL/469/2020

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application for the applicant in a cheating case under Section 380 IPC. The State did not file an objection. The court released the applicant on personal bond subject to standard conditions including surrendering passport and appearing for trial proceedings.

What did the court decide?

Released on anticipatory bail on personal bond of Rs. 25,000 with two sureties each in the like amount subject to specified conditions.

Sumit Vs State of U.P. and 2 Others — 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. - 469 of 2020

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Applicant :- Sumit Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohit Singh,Kaushal Kumar 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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Counter affidavit filed by learned A.G.A. is taken on record.

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The instant anticipatory bail application has been filed on behalf of the applicant, Sumit with a prayer to release him on bail in Case Crime No. 393 of 2019, under Section 380 I.P.C., Police Station- Hayatnagar District- Sambhal, during pendency of trial.

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Notice of this application was served on the Government Advocate on 6.3.2020 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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Despite time granted to the learned A.G.a. on 18.3.2020 to file counter affidavit no counter affidavit has been filed.

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Applicant was not named in the First information Report.Two co-accused persons, Sonu and Lalit were arrested by the police and recovery of stolen goods were made from them. Co-accused Lalit has named the applicant in the present case. It has been averred in paragraph-32 of the affidavit filed in support of the anticipatory bail application that applicant has no criminal history.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

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Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. 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.

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State (NCT of Delhi)- 2020 SCC Online SC 98.

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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 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 Atul kr. sri.

Sumit v. State of U.P. and 2 Others

Case brief

What is this about?

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Sumit v. State of U.P. and 2 Others

Case brief

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