Allowed

Gopal Kumar Bharti v. State of U.P.

Allahabad HC21 Sept 2021BAIL/25299/2021

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court examined the merits of releasing the applicant on bail in a forgery and theft case. Finding the role similar to co-accused already granted bail and deeming it a fit case, the court granted bail subject to specific conditions focusing on trial conduct and presence.

What did the court decide?

Release on bail via personal bond and two sureties with specific conditions regarding trial attendance, prohibition of adjournments, and presence at framing of charges and Section 313 hearing.

Gopal Kumar Bharti Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25299 of 2021 Applicant :- Gopal Kumar Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Chandra Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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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. 0261 of 2020, under Sections 411, 419, 420 IPC, P.S. Kotwali Katra, District Mirzapur.

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It is contended that the applicant is innocent and has been falsely implicated in this case. It is contended that nothign as been recovered from the possession of the applicant. The applicant is in jail since 26.11.2020.

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It is next submitted that similarly placed co-accused Mulayam Yadav and Lalu Yadav have been granted bail by this Court vide order dated 23.07.2021 and 2.08.2021 passed in Criminal Misc. Bail Application Nos. 23106 and 23018 of 2021 respectively, therefore, applicant is also entitled to be released on bail on the ground of parity.

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I have perused the bail order of co accused and find that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.

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On the other hand, learned A.G.A. opposes the application for bail.

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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.

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Let the applicant- Gopal Kumar Bharti, 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.

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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 IPC.

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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 IPC.

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

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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.

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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 :- 21.9.2021/RavindraKSingh

Gopal Kumar Bharti v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gopal Kumar Bharti v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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