Allowed

Diwakar @ Lavlesh v. State of U.P.

Allahabad HC21 Jan 2021BAIL/24982/2020

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Diwakar @ Lavlesh, in a case involving Sections 304, 342, 504, and 120-B IPC, after he had already undergone incarceration. The court imposed strict conditions regarding attendance, filing undertakings, and ensuring the trial concludes within one year.

What did the court decide?

The applicant was released on bail on execition of a personal bond without sureties, with a directive to furnish sureties within a month after normal court functioning is restored.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24982 of 2020

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Applicant :- Diwakar @ Lavlesh Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava,Santosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Counter affidavit filed by learned A.G.A. is taken on record.

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Heard Sri Santosh Kumar Mishra, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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By means of this application, the applicant who is involved in Case Crime No. 133 of 2019, under Sections 304, 342, 504, 120-B I.P.C., Police Station- Manikpur, District- Chitrakoot is seeking enlargement on bail during the trial. The applicant is in jail since 13.9.2019.

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Contention raised by learned counsel for the applicant is that the present F.I.R. was got registered by one Munni Lal Chaukidar on 12.9.2019 under Section 304 I.P.C. against three named accused persons including the applicant. From the F.I.R. it is clear that all the three persons have jointly assaulted upon the expected thief, Ram Bharose. No specific role has been attributed and general role of assault has been levelled against all the three persons. The deceased has sustained three injuries over his person, out of which one is lethal one. It is not clear as to who is the author of fatal injury.

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Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties and taking into account the period of incarceration already undergone, without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Diwakar @ Lavlesh , who is involved in Case Crime No. 133 of 2019, under Sections 304, 342, 504, 120-B I.P.C., Police Station- Manikpur, District- Chitrakoot, be

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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.

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(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.

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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 I.P.C.

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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., 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 I.P.C.

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(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.

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(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.

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In case of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 21.1.2021 Vikas

Diwakar @ Lavlesh v. State of U.P.

Case brief

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Diwakar @ Lavlesh v. State of U.P.

Case brief

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