Allowed

Deependra Nithariya v. State of U.P.

Allahabad HC17 Dec 2020BAIL/44563/2020

Case brief

AI extract

What is this about?

In bail application Cr. Misc. No. 44563/2020, the learned Special Judge had rejected the plea for release. The High Court, without adjudicating merits, allowed the application. The applicant, Deependra Nithariya, ordered released on bond with two sureties and strict conditions for attendance at trial dates.

What did the court decide?

Applicant released on bail under Sections 392, 411, 413 IPC on personal bond and two sureties with specific conditions for attendance and verification of court orders.

Deependra Nithariya Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

¶1

Court No. - 83

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44563 of 2020 Applicant :- Deependra Nithariya Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Tiwari,Ram Bilas Yadav Counsel for Opposite Party :- G.A.

¶3

Hon'ble Ajay Bhanot,J.

¶4

Heard Sri Ram Bilas Yadav, learned counsel for the applicant and learned AGA for the State.

¶5

A first information report was lodged as Case Crime No. 521 of 2020 at Police Station- Sadar Bazar, District- Agra on 13.08.2020, under Sections 392 IPC.

¶6

The bail application of the applicant was rejected by learned Special Judge (Dacoity Affected Area)/Additional Sessions Judge, Court No. 3, Agra on 27.10.2020.

¶7

The applicant is in jail since 16.09.2020 pursuant to the said F.I.R.

¶8

Sri Ram Bilas Yadav, learned counsel contends that the applicant was not named in the FIR. The applicant was falsely implicated in the instant case. False recovery has been shown from the applicant. There is no independent witness of the recovery.

¶9

Learned A.G.A. has opposed the bail application.

¶10

The applicant has satisfactorily explained his criminal history.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant- Deependra Nithariya be released on bail in Case Crime No. 521 of 2020 at Police Station- Sadar Bazar, District- Agra, under Sections 392, 411, 413 IPC., registered on 13.08.2020 at Police Station- Sadar Bazar, District- Agra, on his furnishing a personal bond and two sureties each in the like

¶13

amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶14

(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.

¶15

(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.

¶16

(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.

¶17

(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.

¶18

(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶19

(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶20

(vii) The concerned Court/Authority/Official shall verify the

¶21

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.

¶22

Order Date :- 17.12.2020 Pravin

Deependra Nithariya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deependra Nithariya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madhuri Gond Vs the Court of Principle Judge and Another

Sahran @ Shiva Vs State of U.P.

Akhilesh Vs State of U.P.

Jony Saini Vs State of U.P. and Another

Subash Chandra Vs State of U.P.

Pradeep Kumar @ Deepu Vs State of U.P.