Allowed

Aman v. State of U.P.

Allahabad HC2 Dec 2020BAIL/43200/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 43200 of 2020, the Allahabad High Court, Chief Justice Ajit Singh, allowed the bail application filed by Aman, who was an accused in a theft case. The court found a prima facie case for bail and granted relief on the ground of parity with co-accused.

What did the court decide?

The applicant Aman is released on bail on furnishing a personal bond and two local sureties subject to specific conditions.

Aman Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43200 of 2020 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gautam Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 42 of 2020 under Section 380/411 I.P.C., Police Station- Thakurdwara, DistrictMoradabad, with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the complainant Azeem about the theft of LCD, dish, cloths and jewellery against the applicant.

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It is submitted by learned counsel for the applicant that the incident has taken place on 26.1.2020 but the F.I.R. of the incident was lodged after two days without any satisfactory explanation i.e. on 28.01.2020. He next submitted that the applicant is absolutely innocent and he has falsely been implicated in the present case with ulterior intention of harassing him and he has nothing to do with the alleged crime. He further submitted that the offences are triable by Court of Magistrate. He next submitted that the co-accused namely Waseem and Salim have been granted bail by the learned Sessions Judge, Moradabad, vide order dated 14.02.2020 and 03.03.2020 respectively and the case of the present applicant is identical to that of co-accused who have been enlarged on bail, therefore, the applicant be released on bail on the ground of parity. He lastly submitted that the applicant has no criminal antecedent to his credit and he is also entitled to be enlarged on bail on the ground of parity as well as on merits. It is urged that the applicant is languishing in jail since 29.01.2020.

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Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the factual submissions made by learned counsel for the applicant.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed .

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Let applicant Aman involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek

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any adjournment on the dates fixed for evidence and 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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(2). 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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(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 2.12.2020/CS

Aman v. State of U.P.

Case brief

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Aman v. State of U.P.

Case brief

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