Allowed

Nathan and Another v. State of U.P.

Allahabad HC15 Sept 2022BAIL/26489/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court granted bail to the applicants in a criminal case involving alleged affray and assault. The court imposed specific conditions to ensure attendance at trial and prevent abuse of bail, noting the bleak prospect of trial conclusion.

What did the court decide?

Applicants released on bail by furnishing personal bond and two sureties each, subject to specific conditions of conduct and attendance.

Nathan and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26489 of 2022

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Applicant :- Nathan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Piyush,Pratap Bhan Umrao

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Hon'ble Piyush Agrawal,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicants 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 applicants seeking bail in Case Crime No. 123 of 2020, under Sections 323, 504, 308 IPC, Police Station- Hathgam, District - Fatehpur.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present crime. It is submitted that the applicants, the cross cases have been registered by the parties in respect of the alleged incidence; the incidence tookplace on 18.7.2020 though the NCR was lodged on 20.7.2020 and there was no explanation of the said delay; four persons were assigned role for causing injuries to the injured and no specific role has been assigned to the applicants. It is also submitted that there is no apprehension that after being released on bail, they may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 19.4.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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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 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 applicants namely Nathan and Ram Prasad @ Ram Pratap be released on bail in the aforesaid Case Crime Number on their furnishing personal bond and two reliable sureties each of the

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like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 them 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 :- 15.9.2022 Rahul Dwivedi/-

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(Piyush Agrawal,J.)

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Digitally signed by RAHUL DWIVEDI Date: 2022.09.15 14:38:22 IST Reason: Location: High Court of Judicature at Allahabad

Nathan and Another v. State of U.P.

Case brief

What is this about?

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Nathan and Another v. State of U.P.

Case brief

What is this about?

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