Allowed

Govind v. State of U.P.

Allahabad HC10 Jun 2021BAIL/17460/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 17460 of 2021, the High Court allowed the bail prayer filed by the applicant, Govind, who was arrested under sections 419, 420, 467, 468, and 471 IPC and sections 60, 60(A), 60(1)(D) of the Excise Act. The court granted bail subject to conditions regarding presence in court and non-interference with witnesses.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties subject to conditions of presence and non-interference with witnesses.

Govind Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17460 of 2021

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Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar 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 available 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. 610 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 60(1), 60 (A), 60 (1) (D) Excise Act, Police Station Etamaddaula, District Agra.

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Learned counsel for the applicant submits that according to the FIR version on 25.07.2018 illicit liquor was recovered from the factory of one Vijay Verma and a lady tenant and Sushil Kumar and Girish Shiv Hare disclosed the name of Vijay Verma, Devendra @ Gurkhi, Govind s/o Turf Singh, Arun. He further submits that one Govind s/o Turf Singh was named in the FIR but police arrested the present applicant i.e. Govind s/o Hukum Singh. He also submits that only on the basis of confessional statement and recovery of two aadhar cards, he has been falsely implicated in this case. He further submits that criminal history of the applicant has been explained in para 5, 7, 8, 9 and 10 of the affidavit. He further submits that the applicant has been falsely implicated in the instant case. 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. It is next contended that the applicant is languishing in jail since 01.02.2021.

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Per contra, learned A.G.A. has opposed the bail prayer.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Govind involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court

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concerned, subject to the following conditions :-

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(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 for cancellation of bail.

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Order Date :- 10.6.2021 Ujjawal

Govind v. State of U.P.

Case brief

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Govind v. State of U.P.

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