Allowed

Devesh v. State of U.P.

Allahabad HC9 Sept 2021BAIL/33714/2021

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the High Court discharged an accused facing charges of attempted murder and criminal intimidation, finding it a fit case for bail subject to strict conditions regarding trial attendance and non-disturbance of witnesses.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions regarding trial attendance, no adjournment, and appearance at framing of charge and Section 313 statement.

Devesh Vs State of U.P. — Intellectual Property | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33714 of 2021 Applicant :- Devesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Akhilesh Kumar Pandey

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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. 282 of 2021, under Sections 307, 504, 506, 427 IPC, P.S. Pooranpur, District Pilibhit.

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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 further submitted that no specific role is assigned to the applicant in the FIR or in the statement of the injured witness. It is further submitted that the injuries of injured are simple in nature as per medical examination report. Applicant is in jail since 8.6.2021.

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It is further submitted that co accused Ram Kripal has already been released on bail by this Court vide order dated 7.9.2021 passed in Criminal Misc Bail Application No. 33448 of 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 applicant- Devesh, 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

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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 :- 9.9.2021/RavindraKSingh

Devesh v. State of U.P.

Case brief

What is this about?

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Devesh v. State of U.P.

Case brief

What is this about?

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