The Hon'ble Court rejected a bail application filed by an applicant who had previously been enlarged on bail, jumped bond for nine years, and surrendered only after coercive action. Finding no good ground for bail, the court held that it is not in the public interest to enlarge the applicant.
Bail application rejected; applicant not enlarged on bail.
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Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21086 of 2021
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A through video conferencing.
This bail application has been moved to enlarge the applicant on bail in Case Crime No. 368 of 2003, under Section 2/3 of Gangster Act, Police Station Kasganj, District Kasganj (Kanshiram Nagar).
The applicant was enlarged on bail on 28.11.2012. He jumped the bail order and absconded for nine years. The applicant surrendered after coercive action was taken against him under Section 82/83 Cr.P.C. The reasons assigned for not attending the trial is that matter was transferred to District Court, Kasganj, of which applicant had no information; applicant was working in Delhi and was continuously being assured by his lawyer that his case is being taken care of. Learned A.G.A. has vehemently opposed the prayer for bail and submits that explanation is not reasonable; applicant has withheld the trial for nine continuous years.
It is not in the public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant. Accordingly, the bail application is rejected.
Order Date :- 21.6.2021 P. Sri.
Digitally signed by Justice Suneet Kumar Date: 2021.06.22 11:25:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail having absconded for nine years after previously being enlarged on bail before jumping.
Whether reasons for non-appearance justifies bail as a matter of public interest.
Satish
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
