In a criminal miscellaneous bail application, the Court allowed the bail prayer passed without expressing an opinion on merits, subject to specific Bombay-style conditions regarding attendance and conduct during the trial.
Release on bail subject to furnishing a personal bond and two sureties on specific conditions of attendance and conduct.
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. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20399 of 2022
Applicant :- Gajendra Singh @ Jhandu Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Gajendra Singh @ Jhandu, who is involved in Case Crime No. 16 of 2021, under Sections 452, 323, 337, 504, 302/34 of I.P.C., Police Station- Kotwali Hasayan, District- Hathras.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that twice statement was given by the first informant but in the first statement given before the Police there was no allegation of the fact that danda was recovered from the applicant. It is further contended that in the statement given subsequently it was stated by the injured/informant that the applicant had used a danda to hit the deceased. It was never specifically stated that the danda of the applicant alone was responsible for the injury. It is further contended that the co-accused persons Ritik and Akash Kumar @ Aaka have already been granted bail by this Court in Criminal Misc. Bail Application No.35518 of 2021 and 35674 of 2021 by the orders dated 27.04.2022 and 4.5.2022 respectively. It is further submitted that the applicant has no other criminal history and is in jail since 31.01.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. It is further submitted that the charge-sheet has been submitted in the case and no further investigation is required to be done by the police.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history and also could not dispute the fact that the co-accused had been granted bail. He also did not deny that the charge sheet had been submitted.
In view of the above, without expressing any opinion on the merits of the
rival claims, the applicant has made out a case for bail.
Let the applicant, Gajendra Singh @ Jhandu be released on bail in Case Crime No.16 of 2021, under Sections 452, 323, 337, 504, 302/34 of I.P.C., Police Station- Kotwali Hasayan, District- Hathrason furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(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 the court.
In case of default of this condition, it shall be open for the trial court to treat it as an 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 Panel 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 on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel 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 charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 23.5.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.24 17:52:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to interim bail in a case involving offences under Sections 452, 323, 337, 504, 302/34 IP.C.
Whether the applicant has made out a case for bail based on lack of criminal history and no chance of absconding.
Gajendra Singh @ Jhandu
Siddhartha Varma
Vijay Krishna Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
