The High Court allowed the bail application of Kolwas Yadav @ Kalwas, who was falsely implicated by the State of U.P. for resisting illegal gratification demands by police personnel attending to a vehicle.
Release on bail by furnishing a personal bond and two sureties subject to strict conditions regarding court attendance and presence.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42313 of 2020
Applicant :- Kolwas Yadav @ Kalwas Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Kailash Singh Yadav, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 278 of 2020 at Police Station- Maduwadeeh, District- Varanasi on 20.9.2020, under Sections 419, 420, 467, 468, 471, 386 IPC.
The bail application of the applicant was rejected by learned Additional Session Judge, Court No.8, Varanasi on 7.10.2020.
The applicant is in jail since 20.09.2020 pursuant to the said F.I.R.
Sri Kailash Singh Yadav, learned counsel contends that the applicant is the truck driver. He has been falsely implicated when he resisted the demand for illegal gratification made by the police personnel. All papers pertaining to the vehicle are valid and legal. It is also asserted that apart from the above said cases the applicant does not have any criminal history. Coaccused has been granted bail by this Court on 1.12.2020 in Criminal Misc. Bail Application No. 41983 of 2020.
Learned A.G.A. opposed the bail application.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Kolwas Yadav @ Kalwas be released on bail in Case Crime No. 278 of 2020 at Police Station- Maduwadeeh, District- Varanasi, under Sections 419, 420, 467, 468, 471, 386 IPC., registered on 20.9.2020, at Police Station- Maduwadeeh, District- Varanasi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be 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 as 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 such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) 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.
Order Date :- 9.12.2020 Nadeem Ahmad
4 provisions across 2 enactments
Kolwas Yadav @ Kalwas
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
