Allowed

Budhiram v. State of U.P.

Allahabad HC13 Jan 2021BAIL/1023/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to applicant Budhiram in a criminal case afrays and molestation, subject to personal bond and sureties. Conditions included prohibition of witness intimidation and mandatory appearance at trial dates.

What did the court decide?

Enlarged applicant on bail by executing personal bond and two sureties, subject to strict conditions of non-tampering and court appearance.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1023 of 2021

¶3

Applicant :- Budhiram Opposite Party :- State of U.P. Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

It is submitted by the learned counsel for the applicant that applicant is lady and has been falsely implicated in the present case. It is a cross case and applicant along with other coaccused has also received injury. So far as injury report of applicant is concerned, no significant abnormality detected in brain, no bony injury. Daughter of applicant has also filed application under Section 156(3) Cr.P.C. on 10.12.2020 before SSP, Azamgarh for lodging of FIR. As both sides have received injuries, therefore, it cannot be said that who is aggressor of the said incident. It is next submitted that co-accused, Draupati having an identical role has already been enlarged on bail by this Court on 13.01.2021 in Criminal Misc. Bail Application No. 1012 of 2021. Applicant has no criminal history and he is in jail since 21.11.2020, undertakes that he will not misuse the liberty, if granted.

¶7

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

¶8

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Budhiram , involved in Case Crime No. 169 of 2020, under Sections- 147, 323, 308, 504 I.P.C., Police Station- Rani Ki Sarai, District Azamgarh, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

¶9

This bail order would be subject to the fulfilment of following conditions:-

¶10

The applicant shall not tamper with the prosecution evidence

¶11

by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

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;

¶15

In case, the applicant misuses the liberty of bail 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.

¶16

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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶17

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶18

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶19

Order Date :- 13.1.2021 Arvind

¶20

Digitally signed by Justice Neeraj Tiwari Date: 2021.01.13 13:52:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Budhiram v. State of U.P.

Case brief

What is this about?

What did the court decide?

Budhiram 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

Parties & counsel

Coram

Case details

Similar cases

Harikant @ Rinku Vs State of U.P.

Anuj Vs State of U.P.

Saiyed Aasim Abbas Vs State of U.P.

Rahul Singh @ Rajoo Vs State of U.P.

Saleem and Another Vs State of U.P.

Lokendra Vs State of U.P.