Jhakku Singh @ Brijendra Singh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Jhakku Singh @ Brijendra Singh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to the applicant in Case Crime No. 114 of 2018 on furnishing a personal bond and two reliable sureties of the like amount, subject to additional conditions: (i) no tampering with evidence or threatening witnesses; (ii) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present; (iii) presence before the trial court on each date, failing which proceedings under Section 229-A IPC; (iv) proceedings under Section 174-A IPC upon failure to appear pursuant to proclamation under Section 82 Cr.P.C.; (v) personal presence at opening of the case, framing of charge, and recording of statement under Section 313 Cr.P.C.

Issue for consideration

Whether the applicant, arrayed in Case Crime No. 114 of 2018 under Sections 323, 324, 504, 506, 308/34 IPC, Police Station Sirsakalar, District Jalaun, is entitled to be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case and the submissions made, and without expressing any opinion on the merits, the Court was of the opinion that the applicant(s) are entitled to be released on bail.

Ratio / Principle

The applicant was directed to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount, subject to additional conditions imposed in the interest of justice (including no tampering with evidence or threatening of witnesses, an undertaking against seeking adjournments when witnesses are present, presence before the trial court, and consequences under Sections 229-A and 174-A IPC and Section 82 Cr.P.C. in case of default or misuse of liberty).

Detailed headnote1 paragraphs

Bail application allowed — Case Crime No. 114 of 2018, Sections 323, 324, 504, 506, 308/34 IPC, P.S. Sirsakalar, District Jalaun — General role of physical assault assigned to four persons including the applicant; injuries on the victim simple in nature; applicant has no criminal history and was in jail since 14.2.2020 — Without expressing any opinion on the merits, the Court held the applicant entitled to bail — Released on personal bond and two reliable sureties of the like amount, subject to conditions barring tampering with evidence or threatening witnesses, requiring an undertaking against adjournments when witnesses are present, and providing for action under Sections 229-A and 174-A IPC and Section 82 Cr.P.C. in case of absence or misuse of liberty, with personal presence mandated at opening of the case, framing of charge, and Section 313 Cr.P.C. statement.

Court No. - 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20089 of 2020

Applicant :- Jhakku Singh @ Brijendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh 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 application has been filed by the applicant in Case Crime No.114 of 2018 under Sections 323, 324, 504, 506, 308/34 I.P.C Police Station- Sirsakalar District- Jalaun with the prayer to enlarge him on bail.

Submission of learned counsel for the applicant is that general role of physical assault has been assigned to four persons including the applicant herein. The injuries on the person of the victim are simple in nature. The applicant has no criminal history. He is languishing in jail since 14.2.2020.

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 applicants are entitled to be released on bail.

Let applicant- Jhaku Singh @ Brijendra Singh , 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 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 during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 and proceed against him in accordance with law.

Order Date :- 24.8.2020 Harshita