Allowed

Sachin v. State of U.P.

Allahabad HC20 Dec 2022BAIL/18344/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a bail application filed by Sachin in a case involving matrimonial offences. The court allowed the bail subject to furnishing a personal bond and two local sureties along with specific undertakings.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond and two local sureties subject to specific conditions of attendance and conduct.

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

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18344 of 2022

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Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Aman Kumar,Vimal Kumar Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav

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Hon'ble Mrs. Manju Rani Chauhan,J.

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This case is taken up in the revised list.

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Heard Mr. Vimal Kumar, learned counsel for the applicant, Mr. Vidya Dhar Yadav, learned counsel for the informant, Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant– Sachin with a prayer to enlarge him on bail in Case Crime No.615 of 2021, under Sections 498A, 323, 504, 506, 376 I.P.C. and Section 3/4 of D.P. Act, Police Station-Katghar, DistrictMoradabad, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is brother-in-law of the informant-victim, who has lodged the FIR with the allegations of misbehaving with her and doing objectionable acts. He further submits that the present FIR has been lodged as a result of matrimonial discord between the brother of the applicant and the informant due to which such allegations have been made against the applicant to wreak vengeance and pressurize the family members to settle the matter. He further submits that there are variations in her statements under Sections 161 and 164 Cr.P.C., which also falsify the concocted story as built up by the informant as regards the allegation against the applicant. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 17.04.2022. Accordingly, he requests for bail.

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Per contra, learned A.G.A. as well as the learned counsel for the informant has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of

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bail.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, 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 involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) 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 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 applicants 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 applicants 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 applicants 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 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 Cr.P.C. If in the opinion of the trial court absence of the applicants are 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 20.12.2022 Jitendra/-

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Digitally signed by JITENDRA KUMAR YADAV Date: 2022.12.22 19:31:00 IST Reason: Location: High Court of Judicature at Allahabad

Sachin v. State of U.P.

Case brief

What is this about?

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Sachin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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