The applicant, facing charges of attempted murder and affray, was granted bail with strict conditions to prevent non-appearance and abuse of liberty during the trial proceedings.
Applicant released on bail with personal bond and two sureties subject to conditions regarding attendance and non-abuse of liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15747 of 2022
Applicant :- Labbu @ Lavkush Malik Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Tripathi,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Pankaj Kumar Tiwari, learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Labbu @ Lavkush Malik seeks bail in Case Crime No.266/2021, under Sections 147/148/149/323/307/504 IPC, P.S. Khanpur, Bulandshahar.
It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that the applicant has not been named in the FIR as well as there are general allegations made in the FIR. The submission further is that the name of the applicant was surfaced for the 1st time in the statement of co-accused Rohit , who stood bailed out by this Court in Criminal Misc. Bail Application No.43838/2021 on 27.10.2021 as well as co-accused Jitendra has also been granted bail. It is further submitted that the injured in his statement did not assign any specific role as to the applicant of causing any injury to him. It is also submitted that the criminal history of the applicant has been satisfactorily explained in the supplementary affidavit. It is finally submitted that the applicant is in jail since 18.2.2022, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.
Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail.
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:-
(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.
(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.
(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.
(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.
Order Date :- 18.5.2022 C.Prakash
Digitally signed by CHANDRA PRAKASH Date: 2022.05.19 11:44:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite being in remand since 18.2.2022.
Whether the President of the court shall impose conditions to ensure the applicant does not abuse the liberty of bail.
10 provisions across 2 enactments
Labbu @ Lavkush Malik
Chandra Kumar Rai
Chandra Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
