Allowed

Vijay Pasi v. State of U.P.

Allahabad HC18 Dec 2020BAIL/45789/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed where applicant alleged false implication. Court granted bail against Sections 363, 366 IPC on personal bond and sureties, imposing conditions regarding court attendance, abstaining from adjournment, and consequences of misuse of liberty under IPC and Cr.P.C.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of attending court, not seeking adjournments, and appearing for mandatory hearings.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45789 of 2020

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Applicant :- Vijay Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh,Manu Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Manu Pathak, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No.0400 of 2020 at Police Station- Puramufti, District-Kaushambi on 01.10.2020, under Sections 363, 366 IPC.

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The bail application of the applicant was rejected by learned Additional Session Judge/ F.T.C First Kaushambi on 02.11.2020.

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The applicant is in jail since 03.10.2020 pursuant to the said F.I.R.

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Sri Manu Pathak, learned counsel contends that the applicant has falsely been implicated in the instant case. The alleged victim has been recovered. The alleged victim in her statement under Section 164 Cr.P.C. has stated that she is a major and had left her house of her own free will. It is also asserted that apart from the above said cases the applicant does not have any criminal history.

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

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In the light of the preceding discussion and without making any observations on the merits of the case,

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the bail application is allowed.

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Let the applicant- Vijay Pasi be released on bail in Case Crime No.400 of 2020 at Police StationPuramufti, District-Kaushambi under Sections 363, 366 IPC, registered on 01.10.2020, at Police StationPuramufti, District-Kaushambi, 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:-

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

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(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.

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Order Date :- 18.12.2020 Nadeem Ahmad

Vijay Pasi v. State of U.P.

Case brief

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Vijay Pasi v. State of U.P.

Case brief

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