Allowed

Achhey v. State of U.P.

Allahabad HC23 Jun 2020BAIL/10139/2020

Case brief

AI extract

What is this about?

An application for bail was disposed of by the High Court bench. The court released the applicant on bail subject to a personal bond, two local sureties, and specific conditions regarding witness tampering, presence in court, and adherence to trial dates.

What did the court decide?

Relief of release on bail granted subject to personal bond, two local sureties, and conditions to avoid tampering with witnesses and appear in court on fixed dates.

Achhey Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10139 of 2020

¶3

Applicant :- Achhey Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Ajay Kumar Pandey,Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Monis

¶4

Hon'ble Ali Zamin,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

Counter affidavit filed by the Mohd. Monis, learned Counsel for the opposite party is taken on record.

¶7

The present bail application has been filed by the applicant with a prayer to release the application on bail in Case Crime No. 158 of 2019 under Sections 147, 148, 149, 395, 397, 427, 435 I.P.C., Police Station- Bhognipur, District- Kanpur Dehat.

¶8

Learned counsel for the applicant submitted that as per the prosecution story one Sushali's dead body was lying at informant backyard in-laws house. The applicant along with other accused persons committed loot at around 07.30 P.M. while the police had conducted inquest from 8.13 P.M. to 11 P.M., and they have also broken the vehicle standing outside their house. Co-accused Sri Tausib in this case has been already released on bail in Criminal Misc. Bail Application No. 15687 of 2020. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant has no criminal history and he is languishing in jail since 20.09.2020.

¶9

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the argument made by learned counsel for the applicant.

¶10

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Achhey involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

¶11

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

¶12

(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.

¶13

(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.

¶14

(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.

¶15

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

¶16

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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

Order Date :- 23.6.2020 Sachin

Achhey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Achhey v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Singh Vs State of U.P.

Ram Babu and Another Vs State of U.P.and Another

Sukhram Vs State of U.P.

Dharmendra Kumar Vs State of U.P.

Ashutosh Pandey Vs State of U.P.

Anarva Vs State of Up