Held that the applicant is a fit case for bail from trial under Section 272 IPC and Section 60 Excise Act, upon furnishing a personal bond and two sureties, subject to standard conditions regarding trial attendance and conduct.
Released on bail on personal bond and two sureties, subject to strict conditions regarding trial attendance and conduct.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24757 of 2021 Applicant :- Rai Singh @ Montu Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha 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. 349 of 2021, under Section 272 IPC and Section 60 of Excise Act, P.S. Kotwali, District Lalitpur.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that 90 quarters of liquor are stated to have been recovered from the possession of the applicant. It is contended that the alleged recovery is false and fabricated. There is no public witness of the recovery. Applicant is in jail since 10.04.2021. It is further contended that applicant is neither previously convicted nor any other criminal case is pending against him.
On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.
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- Rai Singh @ Montu Lodhi, 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 :- 16.7.2021/RavindraKSingh
1 issue framed by the court
Whether the applicant is a fit case for bail during the trial.
3 provisions across 3 enactments
Rai Singh @ Montu Lodhi
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
