Allowed

Ram Nivas v. State of U.P. through Secretary Home at Lucknow

Allahabad HC20 Oct 2022BAIL/130/2022

Case brief

AI extract

What is this about?

This bail application was filed by Ram Nivas in a case under Sections 498A, 323, 366 IPC and 3/4 D.P. Act. The court, hearing the arguments of the applicant and the government advocate, found it to be a fit case for granting bail subject to specific conditions regarding attendance and conduct during the trial.

What did the court decide?

Applicant released on bail by furnishing personal bond and two reliable sureties of like amount.

Ram Nivas Vs State of U.P. through Secretary Home… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 130 of 2022

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Applicant :- Ram Nivas

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Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.,Juned Alam,Mohd Hamid

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 166 of 2021, under Sections 498A, 323, 366 IPC and 3/4 D.P.Act, Police Station- Kotwali Nagar, District - Etah.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that wife of the applicant was in extra martal relationship with some other person and on 28.12.2019 in the absence of the applicant, she eloped with one Gulshan along with cash and jewellery. It is stated that in the FIR neither any specific time has been mention when the victim was abducted nor any name of eye witness has been disclosed. It is further stated that from the call detail no complicity of any type was found against the applicant. It is further stated that during the investigation nothing has been found to suggest that the applicant was in any way responsible for the occurrence. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 23.3.2021 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the partiesand without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant namely Ram Nivas be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the

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satisfaction of the court concerned subject to following conditions:-

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(i) 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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(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 misuse 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 fail 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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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 20.10.2022 samz

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(Piyush Agrawal, J.)

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Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.10.20 16:58:07 IST Reason: Location: High Court of Judicature at Allahabad

Ram Nivas v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

Ram Nivas v. State of U.P. through Secretary Home at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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