Allowed

Ramjivan v. State of U.P.

Allahabad HC4 Feb 2021BAIL/2379/2021

Case brief

AI extract

What is this about?

This is a bail application where the applicant sought enlargement on bail in a non-bailable offence. Relying on the release of a co-accused, the single judge granted bail subject to conditions ensuring evidence preservation, no adjournment seeking, and presence for framing of charges.

What did the court decide?

Releasing the applicant on a personal bond and two local sureties subject to five specific conditions of conduct and court attendance.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2379 of 2021

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Applicant : Ramjivan Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.428 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Orai, District Jalaun.

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It is submitted by learned counsel for the applicant that applicant and co-accused Urmila are the agent and co-accused Urmila has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.47103 of 2020, vide order dated 18.1.2021. Applicant's case is at par with co-accused released on bail. The applicant is languishing in jail since 21.11.2020 and if opportunity is given to him, he would not misuse the same.

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Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Ramjivan involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) 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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(iii) 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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(iv) 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, 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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(v) 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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

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Order Date :- 4.2.2021

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m.a.

Ramjivan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramjivan v. State of U.P.

Case brief

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