The court granted bail to the applicant in a criminal case involving cheating and forgery, imposing conditions to prevent tampering with evidence and ensuring attendance at trial dates.
Bail granted subject to personal bond, two sureties, and specific conditions regarding evidence tampering, adjournments, attendance, and appearance at significant trial dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18588 of 2020
Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No.510 of 2019 under Sections 363, 366 & 120-B with Section 34 I.P.C., P.S. Shivali, District- Kanpur Dehat (Rambai Nagar).
The submission of learned counsel for the applicant is that the applicant herein is not named in the first information report however, he was implicated on the statement of the first informant during the course of investigation on the assertion that the applicant had assisted the main accused- Shivpujan in enticing away the daughter of the first informant.
Further, it is contended that one of the co-accused- Lal Chandra @ Pappu who was also implicated on the statement of the first informant, has been granted bail by this Court vide order dated 29.07.2020 in Criminal Misc. Bail Application No.18777 of 2020.
Learned A.G.A., however, opposed the prayer for bail.
Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be released on bail.
Let applicant- Sanjay Kumar s/o Lal Chandra @ Pappu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) The applicant shall file an undertaking to the effect that he 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;
(iii) 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;
(iv) 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; and
(v) 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.
Order Date :- 26.8.2020 P Kesari
1 issue framed by the court
Whether the applicant is entitled to bail considering he was not named in the cognizance report but implicated during investigation.
2 provisions across 1 enactments
Sanjay Kumar
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
