The High Court allowed bail to the applicant under Section 439 Cr.P.C. Despite prior criminal history, the court found it a fit case for bail, imposing strict conditions regarding court attendance and prohibiting abuse of liberty.
Applicant released on bail with personal bond and two sureties subject to attendance and other conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22865 of 2021
Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Uttam Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 69 of 2021, under Sections 272 IPC and 60(2) of Excise Act, P.S. Jahanabad, District Fatehpur.
It is contended that the applicant is innocent and has been falsely implicated in this case. It is further submitted that applicant has been arrested by the police and from his possession 10 liter mixture wine, 1kg urea and 250 gram Fitkary are said to have been recovered which is false and fabricated by the police. It is further submitted that there is no public witness of the said incident. It is further submitted that invoking of Section 272 IPC in a matter relating to adulteration of food is unjustified as the authorities could have taken action only under the Food Safety and Standards Act, 2006. He has relied upon the judgement in Criminal Appeal No. 5815 of 2019 (Ashok Vs State ) in support of his argument. Lastly, it has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant has two criminal history and he is languishing in jail since 6.4.2021. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
On the other hand, learned A.G.A. opposes the application for bail.
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.
Let the applicant- Manoj 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.
(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.
(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.
(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.
(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.
(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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 8.10.2021 SY
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.10.08 16:51:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is fit for release on bail considering the complicity and severity of punishment.
Whether the allegations of false implication and fabricated recovery warrant bail.
What conditions should be imposed to ensure the applicant appears for trial and does not abuse bail.
Colour shows how this judgement treated each authority
Ashok Vs StateReferred¶7
Criminal Appeal No. 5815 of 2019 (Ashok Vs State)
5 provisions across 2 enactments
Manoj Kumar
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
