Allowed

Naresh @ Naresh Babu v. State of U.P.

Allahabad HC18 Mar 2021BAIL/10002/2021

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Bail Application contemplates the release of the applicant, Naresh @ Naresh Babu, accused under Section 306 IPC. The single judge allowed the bail application, subject to the furnishing of a personal bond, two sureties, and strict conditions regarding attendance and non-tampering with evidence.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in the like amount subject to specified conditions.

Naresh @ Naresh Babu Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10002 of 2021

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Applicant :- Naresh @ Naresh Babu Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Supplementary affidavit has been filed by learned counsel for the applicant today, taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant Naresh @ Naresh Babu with a prayer to release him on bail in Case Crime No. 497 of 2020, under Section 306 IPC, Police Station- Kasganj, District- Kasganj, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further argeud that applicant is Jeth of the deceased and husband of the deceased has been released on bail by another bench of this court on 26.11.2020 in Crl. Misc. Bail Application No. 36377 of 2020. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 22.12.2020 having no criminal history.

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Learned AGA for the State has opposed the prayer for bail but could not dispute the fact that co-accused who is husband of the deceased has been released on bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and

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circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Naresh @ Naresh Babu 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 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

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conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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

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

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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 :- 18.3.2021

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RPD

Naresh @ Naresh Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naresh @ Naresh Babu 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

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