Allowed

Pramod @ Tinkle v. State of U.P.

Allahabad HC24 Mar 2021BAIL/1296/2021

Case brief

AI extract

What is this about?

In this bail application, the applicant, charged under Section 307 IPC, sought release. The Court, without expressing an opinion on the merits, granted bail relying on a Supreme Court dictum on Article 21, subject to stringent conditions regarding court appearances and conduct.

What did the court decide?

Bail granted on a personal bond and two sureties with specific conditions regarding court attendance.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1296 of 2021

¶3

Applicant :- Pramod @ Tinkle Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

¶6

It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that three other co-accused, namely, Lutf Ali @ Lukman, Monu and Jagat have already been granted bail by this Court vide orders dated 6.1.2020, 17.2.2020 & 9.7.2020 passed in Criminal Misc. Bail Application Nos. 246 of 2020, 5651 of 2020 & 19094 of 2020 respectively, therefore, applicant is also entitled to be enlarged on bail. Applicant is having criminal history of certain cases, which are explained in the affidavit. He is languishing in jail since 11.11.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

¶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- Pramod @ Tinkle , involved in Case Crime No. 298 of 2019, under Section- 307 IPC, Police Station- Babugarh, District- Hapur, 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.

¶9

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.

¶10

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

¶11

The applicant shall not tamper with the prosecution evidence 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 :- 24.3.2021 Junaid

¶20

Digitally signed by Justice Neeraj Tiwari Date: 2021.03.24 16:53:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Pramod @ Tinkle v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod @ Tinkle 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

Reshu Gupta Vs State of U.P and Another

Faheem Vs State of U.P. and Another

Zubair Vs State of U.P.

Inam Vs State of U.P.

Shivangi Yadav Vs State of U.P. and Another

Rajendra Sharma Vs State of U.P.