Allowed

Sukhram v. State of U.P.

Allahabad HC22 Jun 2020BAIL/15151/2020

Case brief

AI extract

What is this about?

In this bail application under Sections 392 and 411 IPC, the court granted bail to the applicant Sukhram. He is to furnish a personal bond and two sureties subject to strict conditions regarding witness tampering, court attendance, and participation in trial proceedings.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties each of like amount subject to specified conditions.

Sukhram Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15151 of 2020

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Applicant :- Sukhram Opposite Party :- State of U.P. Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.58 of 2020, under Sections 392 and 411 IPC, Police Station Bhognipur, District Kanpur Dehat.

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Learned counsel for the applicant submits that the first information report was lodged on 08.02.2020 against unknown persons. He submits that co-accused Shivam @ Kallu was apprehended and on his confessional statement name of the applicant has been brought into the light. One mobile phone and Rs. 900/- have been recovered from the possession of coaccused Shivam @ Kallu. He has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.12807 of 2020 (Shivam @ Kalu Vs. State of U.P.) vide order dated 22.05.2020. and the applicant has been falsely implicated in the present case.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submitted that a mobile has been recovered from the applicant but could not dispute the aforesaid fact that coaccused have already been released on bail.

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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- Sukhram 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 :-

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(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

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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.

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(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.

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(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.

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(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.

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

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Learned counsel for the applicant submits that the first information report was lodged

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Order Date :- 22.6.2020 MAA/-

Sukhram v. State of U.P.

Case brief

What is this about?

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Sukhram v. State of U.P.

Case brief

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