Allowed

Harish v. State of U.P.

Allahabad HC7 Jun 2021BAIL/5329/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed bail to Harish in proceedings under Section 414 IPC for Crime No.35 of 2020. The court imposed standard conditions including personal bond, sureties, undertaking against tampering, and strict attendance requirements during trial with penalties for absence.

What did the court decide?

Release on bail via personal bond and two local sureties on conditions of non-tampering and mandatory attendance.

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

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5329 of 2021

¶3

Applicant :- Harish Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

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

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.35 of 2020, under Section 414 I.P.C., P.S. Garipukhta, District Shamli.

¶7

Learned counsel for the applicant submits that punishment for the offence under Section 414 is three years and applicant is languishing in jail since 20.03.2020. He further submits that the criminal history of the applicant has been explained in para 16 of the affidavit filed in support of bail application. 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.

¶8

Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that the applicant has committed the alleged offence, therefore, he is not entitled for bail.

¶9

Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence and his custody period, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Harish involved in aforesaid case crime be released on bail on his/her 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 :-

¶10

(i) The applicant shall file an undertaking to the effect that he/she 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

¶11

and pass orders in accordance with law.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her 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/her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(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/her in accordance with law.

¶15

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶16

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.

¶17

Order Date :- 7.6.2021 Jitendra

Harish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Harish v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pinku Bhati Vs State of U.P.

Najir Vs State of U.P.

Ramzan Vs State of U.P.

Tahir Vs State of U.P.

Maina Bibi Vs State of U.P.

Dinesh Kumar Seth Vs State of U.P.