Allowed

Chhotey v. State of U.P.

Allahabad HC3 Nov 2022BAIL/29465/2022

Case brief

AI extract

What is this about?

This bail application was heard by a learned judge in a case involving arms offenses and alleged police encounter. The court considered the applicant's plea of innocent implication and lack of criminal history, finding the case fit for bail grant subject to conditions ensuring trial attendance.

What did the court decide?

Applicant released on personal bond and two sureties subject to conditions of attendance and travel restrictions.

Chhotey 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. - 29465 of 2022

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Applicant :- Chhotey Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant 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 applicant seeking bail in Case Crime No. 475 of 2003, under Sections 25 of Arms Act, Police Station- Baheri, District - Bareilly.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the present FIR was lodged in false police encounter case wherein the applicant was alleged to have been fired upon the police personnel. Thereafter, the police personnel recovered one country made pistol from the possession of the applicant and one live cartridge. Learned counsel further submitted that the applicant was allegedly arrested on the spot and later on released on bail by the court below and again he was arrested when he was visiting his home at District Bareilly without any warrant or summon and sent to jail. The applicant has no criminal history except the present one. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 25.03.2022 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, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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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 applicant namely Chhotey be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.

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(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 the applicant in accordance with law.

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(v) The applicant will not leave District Bareilly. The applicant shall also ensure his presence on every fifteen days before the concerned court.

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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 :- 3.11.2022/SA

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(Piyush Agrawal, J.)

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Digitally signed by SALMAN ALI Date: 2022.11.04 16:16:30 IST Reason: Location: High Court of Judicature at Allahabad

Chhotey v. State of U.P.

Case brief

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Chhotey v. State of U.P.

Case brief

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