Allowed

Amit Upadhyay @ Sonu @ Baba v. State of U.P.

Allahabad HC20 Nov 2020BAIL/40480/2020

Case brief

AI extract

What is this about?

This bail application concerns a Charge Sheet case under Section 307 IPC. The applicant, a university student allegedly falsely implicated due to political rivalry, has been in jail since September 2020. The High Court observed the gravity of the offence but found it a fit case for bail, imposing specific conditions regarding court attendance and misuse of liberty.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties, subject to conditions regarding court attendance and prohibition of adjournments.

Amit Upadhyay @ Sonu @ Baba Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40480 of 2020

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Applicant :- Amit Upadhyay @ Sonu @ Baba Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Kunvar Srivastav,J.

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The case is called out in the revised list.

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Learned counsel for the bail-applicant, Sri Ashok Kumar Pandey, Advocate and learned A.G.A. for the State are present.

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The present bail-application is filed on behalf of accusedapplicant, Amit Upadhyay @ Sonu @ Baba who is involved in Case Crime No.239 of 2020, under Sections 307 I.P.C., Police Station- Kotwali, District- Azamgarh.

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The occasion of present bail-application has arisen on rejection of bail plea of accused-applicant by learned Addl. District and Sessions Judge/Special Judge (E.C. Act), Azamgarh vide order dated 07.10.2020. A copy of bail-application has already been received in the office of learned G.A.

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The prosecution story is that the informant's son Rai Ashwarya Srivastav was walking with his dog at 21:15 O'clock near garbage, all of sudden some unknown persons came with two motorcycles and fire on his son and they run away, and his son was narrow escape. The informant lodged the F.I.R. against this incident as case crime no.239 of 2020 under Section 307 IPC, Police Station- Kotwali, District-Azamgarh.

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Learned counsel for the bail applicant submits that the accusedapplicant is falsely implicated in the case on the basis of false recovery of pistol and live cartridge. He has no criminal history except this case.

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Learned counsel for the applicant vehemently pressed the bail application on the ground that long back this application is filed and the applicant is a student, moreover, his marriage is scheduled on 08.12.2020 and engagement is scheduled on 28.11.2020 and he is in jail since 10.09.2020.

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He further argued that there is no specific allegation as to the role of firing to the accused-applicant, moreover, the F.I.R. is

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lodged against the unknown persons. The accused-applicant is a student of Allahabad University and has completed D.Phil programme in Globalization Development and he is preparing for competitive exams in Allahabad. The accused-applicant has no connection with the offence in question and the case crime shown against him is due to political rivalry in connection with the Student Union. Learned counsel submitted that the coaccused has already been released on bail in those cases vide order dated 07.10.2020 by learned Addl. District and Sessions Judge/Special Judge (E.C. Act), Azamgarh and so far as the offence levelled against the accused-applicant are due to false implication. He further submitted that the accused-applicant is not in a position to flee away from the process of court and be levied himself from the conditions imposed on him and if he is released on bail, it would be helpful for him to face the trial efficaciously.

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Learned A.G.A. on the basis of instructions received to him also submits that there is no injury on any body part of the person.

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Looking into the complicity of the applicant-accused in the offence, the gravity of offence, severity of punishment in case of possible conviction, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant (Amit Upadhyay @ Sonu @ Baba) involved in Case Crime No.239 of 2020, under Sections 307 I.P.C., Police Station- Kotwali, District- Azamgarh, be released on bail 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:-

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(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 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

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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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Order Date :- 20.11.2020 Gaurav Pal

Amit Upadhyay @ Sonu @ Baba v. State of U.P.

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Amit Upadhyay @ Sonu @ Baba v. State of U.P.

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