The single judge granted bail to the applicants in a case under Sections 392, 411, and 120-B IPC, relying on the fact that a co-accused had already been released on bail by a coordinate bench.
Release on bail on personal bond and two local sureties each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3404 of 2021
Applicant :- Nanhey Lal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.,Karunesh Narayan Tripathi
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the informant and perused the material available on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.257 of 2020, under Sections 392, 411, 120-B I.P.C., Police Station Shahi, District Bareilly.
It is submitted by learned counsel for the applicant that coaccused Premshankar has already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.41170 of 2020, vide order dated 24.11.2020. Applicants' case is at par with co-accused released on bail. He further submits that the applicant has a criminal history of two cases, which has clearly been explained in para 16 of the bail application. The applicants are languishing in jail since 22.8.2020.
Per contra, learned A.G.A. has opposed the bail, but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicants are entitled for bail, let the applicants Nanhey Lal and Chhatrapal involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicants 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.
(iii) The applicants 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.
(iv) In case, the applicants misuse 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicants 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.2.2021
m.a.
2 issues framed by the court
Whether the applicants are entitled to be released on bail under the facts and circumstances of the case.
What conditions should be imposed on the applicants while on bail.
5 provisions across 2 enactments
Nanhey Lal And Another
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
