Allowed

Tinku v. State of U.P.

Allahabad HC9 May 2022BAIL/14869/2022

Case brief

AI extract

What is this about?

Held that the applicant shall be enlarged on bail considering specific factual circumstances presented by counsel and opposed by the learned A.G.A without substantive opposition. Bail granted subject to conditions regarding adjournments, presence, and summons compliance.

What did the court decide?

Applicant released on bail with a personal bond and two sureties, subject to conditions regarding court attendance and procedure.

Tinku Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14869 of 2022

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Applicant :- Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Vijay Bahadur Yadav, holding brief of Sri Ravindra Kumar, for applicant, learned A.G.A for the State and perused the record.

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Applicant- Tinku seeks bail in Case Crime No.4/2022, under Sections 457/380/411 IPC, P.S. Kotwali Hathras, District Hathras.

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It is submitted by learned counsel for the applicant that recovery is planted upon the applicant as there is no independent witness to the alleged recovery. Learned counsel for the applicant further claims parity with the order of this Court dated 29.4.2022 whereby co-accused Jugendra Singh was granted bail by this Court in Criminal Misc. Bail Application No. 13163/2022. It is also submitted by learned counsel for the applicant that the applicant belongs to economically weaker section of the society, he has been falsely implicated in some other cases also and the criminal history of the applicant has been satisfactorily been explained in paragraph-11 of the affidavit in support of the bail application. It is finally submitted that applicant is in jail since 14.1.2022, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.

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Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.

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Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail.

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Let the applicant involved in aforesaid case be released on bail on 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 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 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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(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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Order Date :- 9.5.2022 C.Prakash

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Digitally signed by CHANDRA PRAKASH Date: 2022.05.09 16:46:20 IST Reason: Location: High Court of Judicature at Allahabad

Tinku v. State of U.P.

Case brief

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Tinku v. State of U.P.

Case brief

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