Allowed

Shubham @ Lala v. State of U.P. Thru. Prin.Secy. Home Lko.

Allahabad HC26 May 2022/921/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 921 of 2022, the High Court allowed the bail application of Shubham @ Lala. Relying on Dataram Singh, the Court concluded that the applicant made out a case for bail despite the applicant’s six-case criminal history, subjecting him to specific conditions during trial.

What did the court decide?

Released on bail on personal bond and two sureties subject to strict conditions regarding court attendance and conduct during trial.

Shubham @ Lala Vs State of U.P. Thru. Prin.Secy. Home… — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 921 of 2022 Applicant :- Shubham @ Lala Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. Counsel for Applicant :- Alok Kirti Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Ms. Sayasta Parveen, Advocate holding brief of Sri Alok Kirti Mishra, learned counsel for the applicant and Sri J.S. Tomar, learned AGA for the State and also perused the material placed on record.

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By means of the present application, the applicant- Shubham @ Lala, seeks bail in Case Crime No. 225 of 2021, under Sections 342, 394, 411 IPC, Police Station- Chanda, District- Sultanpur, during the pendency of trial.

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As per prosecution story, a Mahindra pickup loaded with 24 pigs is said to have been robbed by 3-4 unknown persons on 5.7.2021 at about 10:30 PM.

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It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant was neither named in the FIR nor involved in any such offence as alleged in the FIR. There is no recovery of either the alleged pickup vehicle or the pigs from the possession of the applicant. The applicant is languishing in jail since 19.8.2021 and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

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Per contra, Sri J.S. Tomar, learned A.G.A. has opposed the bail prayer of the applicant on the ground that the applicant has a long criminal history of six cases.

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Learned counsel for the applicant has stated that the said criminal history of the applicant has been explained in the supplementary affidavits filed by him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex

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Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shubham @ Lala, who is involved in the aforementioned case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 26.5.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.05.26 17:26:40 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shubham @ Lala v. State of U.P. Thru. Prin.Secy. Home Lko.

Case brief

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Shubham @ Lala v. State of U.P. Thru. Prin.Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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