Allowed

Autari v. State of U.P.

Allahabad HC9 Jun 2021BAIL/11786/2021

Case brief

AI extract

What is this about?

Court granted bail to applicant in theft and criminal misappropriation case. Bail conditioned on personal bond, two sureties, and undertakings against tampering with evidence or witnesses, and compliance with trial court appearances.

What did the court decide?

Applicant released on bail on furnishing personal bond and two local sureties subject to specified conditions of appearance and non-interference.

Autari Vs State of U.P. — Property and Title | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11786 of 2021

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Applicant :- Autari Opposite Party :- State of U.P. Counsel for Applicant :- Abhitosh Mishra,Pushpendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 0105 of 2020, under Sections 328, 379 and 411 I.P.C, P.S. Anoopshahr, District- Bulandshahr.

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Learned counsel for the applicant submits that according to FIR version the informant's son Darshan Singh drives E-rikshaw he went on 12th March, 2020 but did not return. A missing report was lodged on 12.3.2020. On 13th March, 2020 he was found in intoxicated condition near Anoopshahar Bus stop. After eight months of the incident on 18.11.2020 applicant and co-accused alleged to have been arrested along with E-Rikshaw of the victim. It is further submitted that before the recovery altercation took place with the victim and the applicant for standing the E-Rikshaw before applicant's shop. After recovery of E-Rikshaw he has falsely implicated the case. The arrest and recovery has been made after eight months. He next submits that applicant has no criminal history. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant is languishing in jail since 18.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that apart from E-rikshaw from the victim 32 stolen motorcycle were recovered from the possession of the applicant and co-accused Jaiveer.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, and also perusing the material on record, time of incident and recovery made without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Autari involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the

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like amount to the satisfaction of the court concerned, subject to the following conditions :- (i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

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Order Date :- 9.6.2021 Manish Tripathi

Autari v. State of U.P.

Case brief

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Autari v. State of U.P.

Case brief

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