Allowed

Tansen and Another v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC30 Aug 2022/4206/2022

Case brief

AI extract

What is this about?

This bail application concerns two applicants charged with sections 457, 380, and 411 of the IPC. The court, balancing factors of public interest and absence of evidence of tampering, granted bail subject to standard conditions.

What did the court decide?

Applicants Tansen and Chitrasen released on bail subject to personal bond, two sureties, and conditions to remain present in court and not interfere with witnesses.

Tansen and Another Vs State of U.P. Thru. Secy. Home… — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 15

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4206 of 2022

¶3

Applicant :- Tansen And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Uma Kant Gupta,J.B. Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sanjay Kumar Pachori,J.

¶5

Heard Sri J. B. Singh, learned counsel for the applicants and Sri Prem Prakash, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed on behalf of applicants Tansen aged about 19 years and Chitrasen aged about 20 years, under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 24 of 2022, under Sections 457, 380 & 411 of the Indian Penal Code, registered at Police Station- Gurubuxganj, DistrictRaebareli during pendency of the trial.

¶7

Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that no incriminating article has been recovered from the possession or pointing out of the applicants. Alleged recovery of one country made pistol of 12 bore, one live cartridge, nine mobile, 8 kg lentils, Parle-G biscuits, Colgate toothpaste and other equipment with gas cutter have been recovered from the joint possession of the applicants, is made without complying the mandatory provisions of Section 100 Cr.P.C. There is no public or independent witness of the alleged recovery. It is further submitted that the applicants have previous criminal history of one case being Case Crime No. 285 of 2019, under Section 323, 504, 506 I.P.C. and Section 3(1)(da) & 3(1)(dha) of S.C./S.T. Act, Police Station Lalganj, District Raebareily, in which investigation is still pending. After arrest in the present case, the applicants have been implicated in four other cases of minor offences, in which they have been granted bail.

¶8

It is next contended that there is no other criminal antecedent to their credit. It is next submitted that there is also no possibility of the applicants either fleeing away from the judicial process or tampering with the witnesses. The applicants, who are languishing in jail since 15.03.2022 undertakes that they will not misuse the liberty, if granted. It has also been pointed out

¶9

that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

¶10

Per contra , learned A.G.A. has supported the order passed by the court below and vehemently opposed the prayer for grant of bail to the applicants. He further submits that in case the applicants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.

¶11

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

¶12

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118 , the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

¶13

Let applicants, Tansen and Chitrasen be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

¶14

(i) The applicants 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶15

(ii) The applicants shall not pressurize/intimidate the prosecution witnesses.

¶16

(iii) 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 of Cr.P.C.

¶17

(iv) 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 the trial court.

¶18

(v) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel.

¶19

(vi) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶20

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.

¶21

The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

¶22

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶23

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

¶24

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.

¶25

Order Date :- 30.8.2022 VPS

¶26

Digitally signed by VED PRAKASH SHARMA Date: 2022.08.30 18:27:50 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Tansen and Another v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Tansen and Another v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajjan and Anr. Vs State of U.P. Thru Addl.Chief Secy. Lucknow

Mohd, Mohseen Vs Union of India Thru, D.R.I Lucknow

Avadhesh Verma Vs State of U.P.

Shakeel Ahmad Warsi and Anr. Vs State of U.P. Thru. Prin. Secy. Home Lucknow and Anr.

Kamlesh Pal Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Mohd. Azam Ali Vs State of U.P. Thru. Its Prin. Secy. Home Lko.