Allowed

Laddu Pathak @Saroj Pathak v. State of Uttar Pradesh,through Secretary Home, Govt. of U.P.

Allahabad HC16 Jun 2021BAIL/21655/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a criminal case involving excise and IPC offences. The court directly granted release on a personal bond with two sureties and imposed specific conditions of bail, including provisions to appear in court and consequences of absence, referencing pandemic-era guidelines for monetary bonds.

What did the court decide?

Release on bail furnished by personal bond with two sureties to the satisfaction of the court under specific conditions of appearance and conduct.

Laddu Pathak @Saroj Pathak Vs State of Uttar… — Bail and Remand | Allahabad HC (2021)

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Court No. - 2

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21655 of 2021

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Applicant :- Laddu Pathak @Saroj Pathak Opposite Party :- State Of Uttar Pradesh,Through Secretary Home, Govt. Of U.P.

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Counsel for Applicant :- Kunwar Rajan,Manoj Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.

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It is urged by learned counsel for the applicant that co-accused Satendra Tiwari and Ajai Singh have been enlarged on bail by the competent court; applicant claims parity; it is urged that the applicant has been falsely implicated; applicant was not arrested on the spot and no recovery has been made on his pointing nor from his possession; there is no independent witness. It is lastly submitted that the applicant is having criminal antecedent of one case which has been duly explained, he is languishing in jail since 08.04.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Laddu Pathak @Saroj Pathak, involved in Case Crime No. 109 of 2018, under section 60 & 63 Excise Act and section 419, 420, 467, 468, 471, 272, 273 I.P.C., Police Station Bairiya, District Ballia, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he 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

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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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(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of the order shall be self attested by the counsel of the party concerned.

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(vii) 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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In view of the extraordinary situation prevailing in the State due to Covid19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.

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The order reads thus:

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"Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."

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Order Date :- 16.6.2021 K.K. Maurya

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Digitally signed by Justice Suneet Kumar Date: 2021.06.16 14:55:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Laddu Pathak @Saroj Pathak v. State of Uttar Pradesh,through Secretary Home, Govt. of U.P.

Case brief

What is this about?

What did the court decide?

Laddu Pathak @Saroj Pathak v. State of Uttar Pradesh,through Secretary Home, Govt. of U.P.

Case brief

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What did the court decide?

What the court decided

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