In a bail application, the High Court allowed the release of the applicant Vivek on personal bond and two sureties regarding a trial under Sections 386 and 506 IPC, imposing conditions to ensure court attendance and prevent abuse of bail.
Release on bail with personal bond and two sureties subject to conditions of court attendance and cessation of adjournment requests.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40393 of 2020
Applicant :- Vivek Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
By means of this application, the applicant- Vivek, who is involved in Case Crime No.142 of 2020, under Sections 386, 506 IPC, Police Station Phalawda, District Meerut is seeking enlargement on bail during the trial.
It is contended by the counsel for the applicant that as per the prosecution story, the applicant along with the other co-accused Sachin @ Biri has threatened the Informant and had sought Rs.50,000/- while the recovery of firearm and Ganja has been made from Sachin @ Biri, who has already been enlarged on bail by the Court below. Copy of the bail order has been brought on record as Annexure S.A.2 to the supplementary affidavit. It is further contended that the applicant in most of the cases registered against him has been acquitted, disclosure to the same has been made in para 13 to the affidavit to the bail application. Further in the second supplementary affidavit filed on 09.12.2020 in para 3 it has been stated that in Case Crime No.105 of 2008 under Section 376, 511 IPC, final report has been submitted which has been accepted by the Court below. The applicant is languishing in jail since 14.09.2020.
Learned A.G.A. apposed the bail application and contended that there are six other criminal cases pending against the applicant.
From perusal of the record it appears that out of the six case, the applicant has already been acquitted in three cases and in one case final report has been submitted which has been accepted by the Court below. Furthermore, the other co-accused Sachin @ Biri has already been enlarged on bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, 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, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vivek be released on bail in Case Crime No.142 of 2020, under Sections 386, 506 IPC, Police Station Phalawda, District Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are
being imposed in the interest of justice:-
(i) 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 abuse of liberty of bail and pass orders in accordance with law.
(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.
(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.
(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.
(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.12.2020 KA
Digitally signed by Justice Rohit Ranjan Agarwal Date: 2020.12.16 11:46:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail during the trial proceedings.
Whether the conditions of bail should be imposed in the interest of justice.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶10
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
5 provisions across 2 enactments
Vivek
State of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rohit Ranjan Agarwal
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