Banshi Alias Karan Vs State of U.P.

In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10414 of 2020

Applicant :- Banshi Alias Karan Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra,Alok Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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This bail application has been listed before me pursuant to the direction of Hon'ble the Chief Justice dated 04.04.2020 for consideration, therefore, same is being decided in Chamber under the extraordinary condition prevailing now a days.

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Sri Amit Sinha, learned AGA has filed written objection dated 02.05.2020, which is taken on record.

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Office report shows that free copy of bail rejection order is not annexed with the present bail application.

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Though this is the certified copy of bail rejection order dated 11.02.2020, ignoring this objection, I am proceeded to consider this bail application on merit.

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However, it is made clear that any other bail application on behalf of Banshi @ Karan with regard to case crime no. 37 of 2020, under Section 379, 411 IPC, P.S. Jagdishpura, District Agra, if any, pending in the court shall be treated as none-est and would be dismissed.

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The applicant is languishing in jail since 21.01.2020 in case crime no. 37 of 2020, under Section 379, 411 IPC, P.S. Jagdishpura, District Agra.

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Taking into account the period of incarceration undergone by the applicant for the offence of theft of Honda Activa two wheeler vehicle and he was caught red handed on the spot but fact remains, this matter related to theft and there is yet another case to his credit of similar nature. The applicant is in jail since 21.01.2020 and trial has not been concluded.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicant-Banshi alias Karan , who is involved in Case Crime No. 37 of 2020, under Sections 379, 411 IPC, P.S. Jagdishpura, District Agra, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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

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LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE , WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229A IPC.

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(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANTS FAIL TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANTS ARE 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 THEM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.

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

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Since the bail application has been decided under extra ordinary circumstance, thus in the interest of justice, following additional conditions are being imposed just to facilitate the applicants to be released on bail forthwith. Needles to mention, that these additional condition are imposed to cope up with the emergent condition:-

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1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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4. 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. Order Date :- 4.5.2020 Abhishek Sri.

Banshi Alias Karan v. State of U.P.

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Banshi Alias Karan v. State of U.P.

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