Allowed

Jwala Prasad and Another v. State of U.P.

Allahabad HC7 Sept 2021BAIL/31732/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two accused persons in a criminal trial. The court found it a fit case for bail despite the filing of the charge sheet, imposing strict conditions to ensure their presence during the trial and prevent witness tampering or absence.

What did the court decide?

Release of applicants on bail by furnishing a personal bond and two sureties each, subject to strict conditions of appearance and trial conduct.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31732 of 2021 Applicant :- Jwala Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Uday Shankar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Supplementary affidavits filed today is taken on record.

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Heard learned counsel for the applicants, 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 applicants seeking enlargement on bail during the trial in Case Crime No. 203 of 2021, under Sections 147, 323, 504, 308, 325, 506 IPC, P.S. Phoolpur, District Varanasi.

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It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is contended that it is a cross case and both sides have sustained injuries. It is further submitted that general and common allegations has been made upon all the accused persons, however, no specific role of causing injuries h as been assigned by the first informant. It is further contended that the prosecution has not explained the injuries received by the applicant's side. Applicant is in jail since 2.07.2021.

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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.

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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 applicants- Jwala Prasad and Kachalu @ Chandresh, who are involved in aforementioned case crime be released on bail on each of them 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the Trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC.

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(iii) In case, the applicants misuse the liberty of bail during trial and in

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order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC.

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(iv) The applicants 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 them 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 applicants.

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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 :- 7.9.2021/RavindraKSingh

Jwala Prasad and Another v. State of U.P.

Case brief

What is this about?

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Jwala Prasad and Another v. State of U.P.

Case brief

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What did the court decide?

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