Allowed

Premchandra Patel v. State of U.P.

Allahabad HC14 Feb 2020BAIL/5804/2020

Case brief

AI extract

What is this about?

This bail application was allowed. The court granted bail to the applicant, Premchandra Patel, in a criminal case involving unlawful assembly and attempted murder. Several conditions were imposed regarding attendance, evidence tampering, and ensuring a speedy trial.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties subject to specified conditions regarding attendance and conduct.

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

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5804 of 2020

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Applicant :- Premchandra Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sangam Lal Kesharwani,Prem Chandra Counsel for Opposite Party :- G.A.,Daksha Yadav

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Hon'ble Samit Gopal,J.

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Heard Sri Sangam Lal Kesharwani, learned counsel for the applicant, Sri Daksha Yadav, learned counsel for the first informant and the learned A.G.A.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Premchandra Patel , seeking enlargement on bail during trial in connection with Case Crime No. 199 of 2019, under Sections 147, 148, 149, 504, 506, 302, 120-B I.P.C., registered at P.S. Barsathi, District Jaunpur.

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Learned counsel for the applicant argued that the role assigned to the applicant is that of conspiracy only. Further co-accused persons namely Chandrasen Patel, Premchandra Patel, Sushil Patel and Ram Sagar Patel have been granted bail by different Benches of this Court including this Bench vide orders dated 09.01.2020, 12.02.2020, 06.02.2020 and 10.02.2020 passed in Criminal Misc. Bail Application Nos. 575 of 2020, 2091 of 2020, 2293 of 2020 and 4861 of 2020. The applicant is in jail since 14.01.2020 having no criminal history.

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Per contra learned A.G.A opposed the prayer for bail but could not dispute the arguments raised by the learned counsel for the applicant.

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Let the applicant, Premchandra Patel , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he

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shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 14.2.2020 AS Rathor

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(Samit Gopal,J.)

Premchandra Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Premchandra Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

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