Allowed

Sudhir Kumar v. State of U.P.

Allahabad HC22 Jul 2021BAIL/20059/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 20059 of 2021, the Single Judge considered a bail petition filed by Sudhir Kumar in a case involving excise offences. After hearing counsel and considering circumstances including the bail of a co-accused, the court found it a fit case for bail.

What did the court decide?

Released on personal bond and two sureties subject to conditions of appearance, no adjournments, and adherence to trial dates.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20059 of 2021

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Applicant :- Sudhir Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Sharma,Ajay Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.113 of 2021, under Section 60 of Excise Act and 272 IPC, Police Station Phaphund, District Auraiya.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Nothing has been recovered from the possession of his point out. The recovery that has been shown is false and fabricated one. He further submits that similarly placed co-accused Balaji @ Abhishek has already granted bail by another co-ordinate Bench of this Court vide order dated 20.07.2021 passed in Criminal Misc. Bail Application No.20048 of 2021, copy whereof has been placed on record. He further submits that since the co-accused has already been granted bail, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 28.03.2021.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Sudhir Kumar , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 22.7.2021

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Ajeet

Sudhir Kumar v. State of U.P.

Case brief

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Sudhir Kumar v. State of U.P.

Case brief

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