Allowed

Anant Ram v. State of U.P.

Allahabad HC17 Jan 2022/11778/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 419, 420, 467 IPC, the Coordinate Bench noted the applicant's old age (73 years) and mental illness. Finding offences triable by Magistrate and no flight risk, the court allowed bail on personal bond and sureties without pre-judging merits.

What did the court decide?

Applicant ordered to be released on bail by furnishing a personal bond and two sureties subject to specific conditions.

Anant Ram Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11778 of 2021

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Applicant :- Anant Ram Opposite Party :- State of U.P. Counsel for Applicant :- Anurag.S. Kaalesh,Chandra Shekhar Azad Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Learned counsel for the applicant submits that the offences are triable by Magistrate. The applicant is 73 years old and he is in jail since 03.02.2021. It is contended on behalf of the applicant that co-accused son of the applicant, Manoj Kumar has already been enlarged on bail vide order dated 01.09.2021 passed in Bail No.5475 of 2021 by coordinate bench of this Court, copy of bail order is annexed as S.A.-3 to supplementary affidavit. It has been specifically pleaded that in the counter affidavit filed by the informant, accused-applicant is not fit mentally and he is under treatment in Nur Manzil Psychiatric Centre, Lalbagh, Lucknow, copy of the order XXXII, Rule 3 Cr.P.C. has also filed as S.A.-4 to the affidavit.

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It is contended on behalf of the applicant that due to old age and mental illness, the applicant has lost his ability to analyze any good faith, executed the gift deed.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as stated by learned counsel for the applicant.

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Considering the facts and circumstances of the case, and also considering the facts that offences are triable by Magistrate, the applicant is aged about 73 years and he is in jail since 3.02.2021, charge sheet in the case has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed .

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Let the applicant, Anant Ram, involved in Case Crime No.910 of 2020, under Sections 419, 420, 467, 468, 471, 147, 504, 506 and 379 Indian Penal Code, Police Station - PGI, District - Lucknow, 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant 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.

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(v) 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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(vi) 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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Order Date :- 17.1.2022 KR

Anant Ram v. State of U.P.

Case brief

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Anant Ram v. State of U.P.

Case brief

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