The High Court allowed a bail application filed by Subash Chandra. The court rejected the argument of false implication without delving into the merits and imposed standard conditions regarding court presence and no adjournment requests.
Bail granted on personal bond with two sureties and conditions for court presence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45352 of 2020 Applicant :- Subash Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Avdhesh Narayan Tiwari, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No. 91 of 2020 at Police Station- Rampura, District- Jalaun on 06.07.2020, under Sections 323, 504, 506, 308 IPC.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Jalaun at Orai on 18.09.2020.
The applicant is in jail since 13.07.2020 pursuant to the said F.I.R.
Sri Avdhesh Narayan Tiwari, learned counsel contends that no specific role has been attributed to the applicant in the assault. The applicant was falsely implicated in the present case.
Learned A.G.A. has opposed the bail application.
The applicant does not have any criminal history apart from this case.
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- Subash Chandra be released on bail in Case Crime No. 91 of 2020 at Police Station- Rampura, District- Jalaun, under Sections 308, 323, 325, 504, 506, IPC., registered on 06.07.2020 at Police Station- Rampura, District- Jalaun, 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 :- 17.12.2020 Pravin
2 issues framed by the court
Whether bail should be granted to the applicant who faces charges of assault.
What conditions should be imposed to ensure the applicant's presence during trial.
4 provisions across 2 enactments
Subash Chandra
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
