Allowed

Asif Alias Deevan v. State of U.P.

Allahabad HC23 Sept 2022BAIL/30083/2022

Case brief

AI extract

What is this about?

This is a bail application in a case involving alleged theft and violation of the Electricity Act. The single judge allowed bail, imposing conditions regarding presence in court, attendance during evidence, and consequences of misuse of bail liberty.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions of attendance and non-misuse of bail.

Asif Alias Deevan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30083 of 2022

¶3

Applicant :- Asif Alias Deevan Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Piyush Agrawal,J.

¶5

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

¶6

The present bail application has been filed by the applicant seeking bail in Case Crime No. 102 of 2022, under Sections 136(1)(A) and 137 of Electricity Act, Police Station- Shikarpur, District - Bulandshahr.

¶7

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. He further submits that on 6.04.2022 the informant lodged the first information report against the unknown persons in respect of theft of valuable items as well as oil. It is stated that neither the applicant having concern with the alleged offence nor the alleged recovery. Nothing has been recovered from the possession or pointing out of the applicant. Criminal history of the applicant has properly been explained in para 12 to the affidavit filed in support of bail application as well as para 4 to the supplementary affidavit. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 12.05.2022 and the possibility of conclusion of trial in near future is very bleak.

¶8

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

¶9

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.

¶10

Let applicant Asif alias Deevan be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following

¶11

conditions:-

¶12

(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.

¶13

(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.

¶14

(iii) In case, the applicant 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 applicant fail 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.

¶15

(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.

¶16

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.

¶17

Order Date :- 23.9.2022 Arti

¶18

(Piyush Agrawal,J.)

¶19

Digitally signed by ARTI SHARMA Date: 2022.09.23 16:37:09 IST Reason: Location: High Court of Judicature at Allahabad

Asif Alias Deevan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif Alias Deevan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arun Kumar Vs State of U.P.

Rahul @ Fantu Vs State of U.P. and Another

Vikky Vs State of U.P. and 3 Others

Vinay Yadav Vs State of U.P.

Anil Kumar Singh Vs State of U.P.

Naushad Vs State of U.P.