Allowed

Anish @ Bholu v. State of U.P.

Allahabad HC25 Jul 2022BAIL/29251/2022

Case brief

AI extract

What is this about?

In a bail application under Cr.M.C. No. 29251 of 2022, the Allahabad High Court granted bail to Anish @ Bholu in a theft case. The court imposed specific conditions under Cr.P.C. and I.P.C. to prevent tampering with evidence, misuse of liberty, and absence from trial dates, citing Article 21 and Satendra Kumar Antil.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions of non-tampering, no adjournments, and presence at trial.

Anish @ Bholu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29251 of 2022

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Applicant :- Anish @ Bholu Opposite Party :- State of U.P. Counsel for Applicant :- Hari Bans 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, Anish @ Bholu, with a prayer to release him on bail in Case Crime No. 25 of 2022, under Sections 395, 412 I.P.C., Police Station- Shivali, DistrictKanpur Dehat, during pendency of trial.

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There is allegation against two unknown accused made in the first information report regarding theft of one motorcycle, one Samsung mobile phone, Rs.30,000/- in cash, two boxes of Goldy pickles and 5 kg of pappad , etc.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. Recovery of one motorcycle, one tamancha , stolen goods and cash has been allegedly made from the applicant. The applicant is languishing in jail since 23.04.2022. He has no prior criminal history. Subsequently, he has been implicated in two cases which has been explained in paragraph no. 15 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, dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 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 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 :- 25.7.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.07.26 14:09:24 IST Reason: Location: High Court of Judicature at Allahabad

Anish @ Bholu v. State of U.P.

Case brief

What is this about?

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Anish @ Bholu v. State of U.P.

Case brief

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