Application for bail under Section 439 Cr.P.C. in a cheating and forgery case. Held, it is fit case for bail on personal bond and two sureties subject to strict conditions for trial attendance.
Granted bail on personal bond and two sureties, provided they file an undertaking to not seek adjournments and remain present during trial proceedings.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23597 of 2021
Applicant :- Lakhan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla,Lalit Kumar Srivastava 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 material available on record.
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. 60 of 2021, under Sections 60(2) Excise Act and 272 IPC Police Station Bah, District Agra.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on false facts. It is next submitted that applicant and co-accused persons have been arrested by the police and from their joint possession 140 liter liquor are said to have been recovered which is false and fabricated by police. It is further submitted that coaccused Udaiveer and Bhola have been granted bail by this Court vide orders dated 13.9.2021 and 16.8.2021 passed in Criminal Misc. Bail Application Nos. 33497 of 2021 and 31252 of 2021, therefore, applicant is also entitled to be released on bail on the ground of parity. 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 is languishing in jail since 29.3.2021. 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- Lakhan Singh, 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 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 :- 22.9.2021 SY
Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.09.22 13:46:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the case is fit for granting interim bail to the accused pending trial.
Whether the applicant shall be released on bail subject to specific conditions regarding his presence in court and trial proceedings.
3 provisions across 2 enactments
Lakhan Singh
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
