Allowed

Sanjay Prajapati v. State Of Up through its principal secretary home

Allahabad HC28 Sept 2022BAIL/18926/2022

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 419, 420, and 409 IPC, the single judge granted bail to the applicant. The court noted that co-accused were already released and concluded it was a fit case for bail, imposing specific conditions regarding court attendance.

What did the court decide?

Release of the applicant on bail subject to a personal bond, two sureties, and strict conditions regarding court attendance.

Sanjay Prajapati Vs State Of Up through its principal… — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18926 of 2022 Applicant :- Sanjay Prajapati Opposite Party :- State Of Up Through Its Principal Secretary Home

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Counsel for Applicant :- Yogesh Singh Counsel for Opposite Party :- G.A.

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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. 0163 of 2021, under Sections 419, 420, 409 IPC, Police Station- Chetganj, District - Varanasi.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the applicant has resigned from the directorship of the company on 20.05.2015. All the allegations leveled in the first information report are after his resignation. He further submits that sixteen other cases of similar nature have been lodged against the applicant and in most of them he has been enlarged on bail. The details of some of the cases are being mentioned in preceding paras.

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It is stated that after taking note of entire facts and circumstances of the case, the applicant, has been enlarged on bail by this Court vide orders dated 11.07.2022 and 03.08.2022 passed in Criminal Misc. Bail Application No. 19269 of 2022 and 18737 of 2022. Accordingly, the applicant is entitled to be released on bail in the present case also. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 24.01.2022 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, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on 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 parties and

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keeping in mind that co-accused have already been released on bail by this Court and 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, Sanjay Prajapati , be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant 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 :- 28.9.2022 Prajapati

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( Piyush Agrawal,J)

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Digitally signed by RAMKESH PRAJAPATI Date: 2022.09.29 10:08:56 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Prajapati v. State Of Up through its principal secretary home

Case brief

What is this about?

What did the court decide?

Sanjay Prajapati v. State Of Up through its principal secretary home

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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