Allowed

Niranjan Ram v. State of U.P.

Allahabad HC24 May 2022BAIL/2391/2022

Case brief

AI extract

What is this about?

This bail application was heard on merits after the State A.G.A. submitted complete instructions. The High Court granted bail to the applicant, noting the unavailability of F.S.L. reports, the nature of evidence being based on co-accused' statements, and the co-accused already being on bail.

What did the court decide?

Applicant granted bail on personal bond with two sureties; undertaking to deposit Rs. 35,000 to U.P. Nasha Mukti Kendra within six weeks.

Niranjan Ram Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2391 of 2022

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Applicant :- Niranjan Ram Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Amit Daga Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Counter affidavit filed today is taken on record.

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Heard Shri Amit Daga and Shri Janardan Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 98 of 2021, under Sections- 272, 273, 188 IPC and Section 60 of Excise Act, Police Station Mahrajganj, District Azamgarh.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is in jail since 30.11.2021 and the possibility of conclusion of trial in near future is very bleak.

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Learned counsel for the applicant submits that as per the story of the prosecution, co-accused, namely, Ram Nayan and Sanjay Ram were apprehended by the police while they were traveling in Scorpio vehicle bearing Registration No. UP 50 BR 5163 and from their possession illicit liquor was recovered. Apart from the same, prosecution has also shown the recovery of 250 gm. Urea and 200 gm fitkari from the possession of the co-accused, who were apprehended by the police. It is further submitted that name of the applicant came into light in the confessional statement of co-accused which is inadmissible in evidence. As per the F.I.R., these accused were carrying the liquor in relation to the election post of Pradhan of which the applicant was contestant. Except the confessional statement, there is no direct evidence available with the prosecution to connect the applicant with the present crime. It is further submitted that if the story of the prosecution is taken on its face value, the offence as indicated under Sections 272 & 273 IPC is not attracted in the present matter as till date

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the F.S.L. report is not available with the prosecution. In relation to the offence under the Excise Act maximum punishment provide is three years so far as relates to Section 60(2) of Excise Act and from the allegations made in the F.I.R. prima facie other sub-sections are not attracted in the present matter. In regard to criminal history it is stated that against the applicant there are 25 cases and in all the cases, the applicant is on bail and this fact has been admitted by the prosecution in paragraph no. 7 of the counter affidavit. It is further submitted that co-accused, namely, Sanjay Ram and Ram Nayan have already been released on bail by the court below vide order dated 12.04.2021 passed in Bail Application Nos. 1044 of 2021 & 1134 of 2021, as such, the applicant is entitled for bail.

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Based upon the instructions received from applicant as also the deponent of the affidavit filed in support of bail application namely Pramod, brother of the applicant, Shri Amit Daga and Shri Janardan Yadav learned counsel for the applicant also stated that applicant is against the consumption of Alcohal and other intoxicants as the same affects the health who consumes it as also his family and the same is also one of the factors of premature death and disability and the applicant often advise persons not to consume intoxicants and also donates money for the purposes of de addiction and he would donate Rs. 35,000/- to U.P. Nasha Mukti Kendra, Azamgarh within six weeks from the date of release from jail.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind that F.S.L. report has not been received till today as also the fact that implication of applicant is based on the confessional statement of co-accused, who have already been released on bail and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Niranjan Ram 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(s) shall file an undertaking to the effect that he shall not

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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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(vi) The applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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(vii) In addition to above, as per above statement, the applicant shall deposit a sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) in 'U.P. Nasha Mukti Kendra, Azamgarh' within six weeks from the date of his release from jail and, file receipt thereof in the trial Court; in case the accused-applicant fails to deposit the amount this order, granting him bail, shall be treated to have been cancelled and, he shall be taken into custody forthwith.

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Order Date :- 24.5.2022 Sanjeet

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Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.26 15:47:52 IST Reason: Location: High Court of Judicature at Allahabad

Niranjan Ram v. State of U.P.

Case brief

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Niranjan Ram v. State of U.P.

Case brief

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