Allowed

Amit Jaiswal v. State of Up

Allahabad HC6 Dec 2021BAIL/24890/2021

Case brief

AI extract

What is this about?

The court allowed a second bail application for the applicant, Amit Jaiswal, despite a prior rejection. The release is granted on a personal bond due to hostile witnesses and the unavailability of sureties because of the pandemic, applying directions from a recent PIL.

What did the court decide?

Released on bail by furnishing a personal bond of Rs. One lac with two sureties, subject to strict conditions regarding court attendance and cooperation.

Amit Jaiswal Vs State of Up — Bail and Remand | Allahabad HC (2021)

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24890 of 2021

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Applicant :- Amit Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh

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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 and perused the record.

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This is the second bail application. The first bail application was rejected by this Court vide order dated 25.02.2020.

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The changed circumstances for filing the instant bail application is that the witnesses of fact (PW-1 to PW-5), who are family members of the deceased victim have not supported the prosecution version and have turned hostile. There are as many as 14 other witnesses to be examined. It is urged that the applicant is innocent and has been falsely implicated in the instant case; hence the applicant is entitled to be enlarged on bail; applicant having no other reported criminal antecedent is languishing in jail since 23.07.2018; the trial is not likely to be concluded expeditiously in near future. Applicant undertakes to cooperate with the trial and not seek unnecessary adjournments except with the leave of the Court; he further undertakes that if enlarged on bail, he will never misuse his liberty and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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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 tampering 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- Amit Jaiswal involved in Case Crime No. 174 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, Police Station Barhaj, District Deoria be released on bail on his furnishing a personal bond of Rs. One lac with two sureties (one should be of his family members)

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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 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 such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such 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 Covid-19, 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

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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 accusedapplicants 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 :- 6.12.2021 Nirmal Sinha

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Digitally signed by SUNEET KUMAR Date: 2021.12.06 16:30:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Amit Jaiswal v. State of Up

Case brief

What is this about?

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Amit Jaiswal v. State of Up

Case brief

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What did the court decide?

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