Allowed

Akash v. State of U.P.

Allahabad HC29 Sept 2022BAIL/29291/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Akash, in a criminal case involving Sections 328, 392, and 411 IPC. The court accepted arguments regarding falsity of allegations and lack of evidence, releasing him on a personal bond and two sureties with conditions to appear in court and prevent evidence tampering.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties subject to conditions regarding court attendance and non-tampering with evidence.

Akash Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29291 of 2021 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Ramdhan,Suresh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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This is a second bail application on behalf of applicant. The first bail application was rejected by this Court vide order dated 08.01.2021 passed in Criminal Misc. Bail Application No.49422 of 2020.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.844 of 2020, under Sections 328, 392 and 411 IPC, Police Station Sahibabad, District Ghaziabad.

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I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has never committed any offence as alleged in the first information report. The applicant was not named in the FIR. The incident taken place on 14.08.2020 at about 21.00 hours while the impugned FIR has been lodged on 15.08.2020 at about 20.02 hours. There is no direct or indirect evidence against the applicant. Nothing incriminating article has been recovered. The alleged recovery that has been shown is false and fabricated. There is no public witness of the alleged recovery. No identification parade has been done. Further submission is that the applicant is languishing in jail since 17.08.2020 and in the wake of heavy pendency of cases in the trial court, there is no likelihood of any early conclusion of trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. 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.

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On the other hand, learned A.G.A. opposes the application for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Akash , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 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 IPC.

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(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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 29.9.2022/Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.09.30 10:04:08 IST Reason: Location: High Court of Judicature at Allahabad

Akash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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