Allowed

Ashwani Tomar v. State of U.P.

Allahabad HC17 Oct 2022BAIL/21065/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 21065 of 2022, the Allahabad High Court granted bail to Ashwani Tomar in a case involving cheating (Section 409 IPC). The court noted a compromise and release of co-accused. Four specific conditions were imposed regarding presence in court, avoiding adjournments, and consequences of default.

What did the court decide?

Granted bail on personal bond and two sureties subject to conditions regarding attendance, no adjournment, and strict adherence to trial dates.

Ashwani Tomar Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21065 of 2022

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Applicant :- Ashwani Tomar Opposite Party :- State of U.P. Counsel for Applicant :- A Kumar Srivastava,Manish Kumar Counsel for Opposite Party :- G.A.,Om Narayan Pandey

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Hon'ble Piyush Agrawal,J.

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This is the second bail application on behalf of applicant. The first bail application on behalf of applicant is rejected by Hon'ble Mr. Justice Arvind Kumar Mishra-I vide order dated 01.02.2019.

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Heard learned counsel for the applicant, learned counsel for opposite party 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. 5893 of 2017, under Sections 409 IPC, Police Station- Sadar Bazar, District - Shahjahanpur.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present crime. It is further submitted that the parties have entered into compromise, as per averment made in para 7 of the affidavit, a copy of payment of Rs. 25,00,000/- given to the first informant by the accused persons in compliance of the compromise dated 25.01.2021 has been annexed as Annexure No. 4 to the affidavit filed in support of bail application. It is next submitted that applicant is innocent and after the compromise between the parties applicant is in jail for no good reason since 11.05.2018. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the possibility of conclusion of trial in near future is very bleak.

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Learned counsel for opposite party as well as learned A.G.A. has, however, opposed the prayer for grant of bail, but they have not disputed the above contention made by the learned counsel for the accused-applicant.

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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 keeping in mind that co-accused has already been released on

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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 Ashwani Tomar 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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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 :- 17.10.2022 Arti

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(Piyush Agrawal,J.)

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Digitally signed by ARTI SHARMA Date: 2022.10.18 14:18:19 IST Reason: Location: High Court of Judicature at Allahabad

Ashwani Tomar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashwani Tomar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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