Allowed

Vinod Bharti @ Vinod Gautam v. State of U.P.

Allahabad HC12 Feb 2021BAIL/45659/2020

Case brief

AI extract

What is this about?

This court disposed of a criminal bail application filed by the applicant in case Crime No. 52 of 2020. The court granted bail after considering the arguments and conditions, subject to specific undertakings to attend hearings and not tamper with witnesses.

What did the court decide?

Release on bail by furnishing personal bond and two local sureties each of like amount to the satisfaction of the court concerned, subject to conditions.

Vinod Bharti @ Vinod Gautam Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45659 of 2020

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Applicant :- Vinod Bharti @ Vinod Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary

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Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 52 of 2020, under Section 394, 411 IPC, P.S. Sarnath, District Varanasi.

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Learned counsel for the applicant submits that according to FIR, on 28.01.2020 a mobile was snatched by the co-accused and the applicant. He further submits that co-accused Abhay Seth @ Brijesh Seth was arrested on the spot, who has been enlarged on bail on 22.09.2020 in Criminal Misc. Bail Application No.19082 of 2020. He further submits that the applicant was not arrested on the spot and after two months of the incident it is alleged that along with the looted mobile applicant was arrested but there is no independent witness of the recovery and applicant has criminal history of 48 cases, which have been explained in para 2 of the supplementary affidavit. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 27.03.2020.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submits that looted mobile has been recovered from the possession of the applicant and applicant has a long criminal history.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vinod Bharti @ Vinod Gautam involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the

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like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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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 of the Indian Penal Code.

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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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant 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.

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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 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 of cancellation of bail.

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Order Date :- 12.2.2021 MAA/-

Vinod Bharti @ Vinod Gautam v. State of U.P.

Case brief

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Vinod Bharti @ Vinod Gautam v. State of U.P.

Case brief

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