Allowed

Akash v. State of U.P.

Allahabad HC22 Mar 2021BAIL/10556/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a cross-filed criminal case where both sides lodged FIRs. The court emphasized the applicant's injuries and lack of criminal history over the unexplained delay in the FIR, invoking Article 21.

What did the court decide?

The applicant was enlarged on bail on executing a personal bond and two sureties each, subject to strict conditions like presence in court and no tampering with witnesses.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10556 of 2021

¶3

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A.,Deepak Kumar Tripathi

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard Sri Purushottam Mani Tripathi, learned counsel for the applicant, Sri Deepak Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.

¶6

It is contended by the learned counsel for the applicant that he has been falsely implicated in the present case. He has next submitted that it is a cross case in which F.I.R. has been lodged from both the sides. He has also submitted that scuffle took place between the parties and two persons from the applicant's side including the applicant has also received injuries, therefore, it cannot be said that who is aggressor of the incident. Injuries of the applicant may also be verified from the injury report which is annexed on page 70 along with the affidavit filed with the bail application. It is next contended that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 17.11.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

¶7

Sri Deepak Kumar, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the present F.I.R has been lodged on 14.12.2020 without giving any plausible reason for the delay which makes the prosecution story doubtful and the main role has been assigned to this applicant, but could not dispute about the criminal history as well as injuries received by the applicant.

¶8

Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Akash , involved in Case Crime No. 742 of 2020, under Sections- 147,

¶9

323, 307 and 504 I.P.C., Police Station- Gagha, District Gorakhpur, 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.

¶10

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

¶11

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

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

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

¶14

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

¶15

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;

¶16

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.

¶17

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.

¶18

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of

¶19

Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶20

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

¶21

Order Date :- 22.3.2021 Priya

¶22

Digitally signed by Justice Neeraj Tiwari Date: 2021.03.22 17:52:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Akash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gyan Dass and Others Vs State

Tufail Ahmed Khan Vs State of U.P.

Ramesh Chand Vs State of U.P.

Manoj Vs State of U.P.

Manna @ Salman Vs State of U.P.

Shamshul and Another Vs State of U.P.