Allowed

Rohit Alias Lala v. State of U.P.

Allahabad HC18 May 2022BAIL/19751/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 19751 of 2022, the Allahabad High Court granted bail to the applicant in a robbery and criminal breach of trust case, noting that a co-accused had already been released on bail. The court imposed specific conditions regarding attendances and documentation.

What did the court decide?

The applicant is released on bail on a personal bond with two sureties, subject to conditions preventing non-appearance and documentation.

Rohit Alias Lala Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19751 of 2022

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Applicant :- Rohit Alias Lala Opposite Party :- State of U.P. Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, 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. 366 of 2021, under Sections 392, 411 IPC, Police Station Narkhi, District Firozabad.

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Learned counsel for the applicant submitted that the FIR in issue has been lodged against unknown persons. During investigation, the applicant and co-accused Deepak Tiwari were apprehended. It is stated that co-accused Deepak Tiwari has already been released on bail by this Court vide order dated 07.02.2022 passed in Criminal Misc. Bail Application No. 2501 of 2022. The case of the prosecution against the applicant is similar to that of co-accused Deepak Tiwari, as such, the applicant is also entitled to be released on bail. It is also stated that the applicant is in jail since 22.10.2021.

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Learned A.G.A., on the basis of instructions, however, opposed the prayer for grant of bail but he has not disputed the above contentions made by the learned counsel for the accusedapplicant including that co-accused has been granted bail by this Court.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, period of incarceration, arguments advanced by the learned counsel for the parties including that co-accused has been granted 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- Rohit Alias Lala 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 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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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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 :- 18.5.2022 Arun/-

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Digitally signed by ARUN KUMAR GANGWAR Date: 2022.05.18 17:07:58 IST Reason: Location: High Court of Judicature at Allahabad

Rohit Alias Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rohit Alias Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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