Allowed

Sheelendra v. State of U.P.

Allahabad HC5 Jul 2022BAIL/24509/2022

Case brief

AI extract

What is this about?

Court granted bail to the applicant involving u/s 394, 411 IPC on furnishing personal bond and two sureties, subject to specific conditions regarding evidence tampering, court appearances, and consequences of default including proclamation and initiation of proceedings.

What did the court decide?

Released on bail on furnishing personal bond and two sureties with specific conditions regarding appearance and conduct.

Sheelendra Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24509 of 2022

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Applicant :- Sheelendra Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Sheelendra, with a prayer to release him on bail in Case Crime No. 109 of 2022, under Sections 394, 411 I.P.C. Police Station- Alapur, DistrictBadaun, pendency of trial.

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There is allegation of snatching of mobile phone and money from the pocket of the informant. The first information report was lodged against unknown accused persons.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case after 12 days of the incident in police party encounter. An amount of Rs.21,000/- has been recovered from the applicant when in the F.I.R, no amount was disclosed. The money belongs to the applicant. The applicant is languishing in jail since 03.04.2022. He has criminal history of one case explained in paragraph no. 13 of the afÏdavit filed in support of the bail application. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that

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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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) 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 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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(v) 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 sufÏcient 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 5.7.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.07.07 16:52:47 IST Reason: Location: High Court of Judicature at Allahabad

Sheelendra v. State of U.P.

Case brief

What is this about?

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Sheelendra v. State of U.P.

Case brief

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