The court granted bail to the applicant charged with offenses under Sections 302, 366, and 201 IPC, noting his lack of criminal history and the Prima facie satisfaction of the court in the present case.
Release on bail with a personal bond and two sureties, subject to specific undertakings regarding court attendance.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27170 of 2022
Applicant :- Ashwani Rajput Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Narendra Kumar Singh, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant was not named in the first information report and his name of the applicant has came into light during the course of investigation. It is next contended that no incriminating article has been recovered from the possession of the applicant. It is next contended that the coaccused namely Prem Kumar Katheria has already been granted bail by another Bench of this Court vide order dated 20.7.2022 passed in Criminal Misc. Bail Application No.2663 of 2022, a copy of said order has been produced by learned counsel for the applicant, which is taken on record. The applicant claims parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.9.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses
and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Ashwani Rajput involved in Case Crime No.228 of 2021, under Sections 366, 302, 201 I.P.C., Police Station Nawabganj, District Farrukhabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 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.
(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.
(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 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.
(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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 14.10.2022 Dev/-
Digitally signed by DEV PRAKASH Date: 2022.10.21 18:01:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and lack of incriminating articles.
Whether the applicant should be released on bail with conditions ensuring his presence in court.
4 provisions across 2 enactments
Ashwani Rajput
State Of U.P. Through Secretary Home At Lucknow
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
