The High Court granted bail to the applicant in a case of armed robbery under Sections 395 and 412 IPC. The court released him on a personal bond with two sureties, subject to conditions preventing absence from trial and misuse of bail.
Release on bail with personal bond and two sureties subject to conditions of appearance and no abuse of liberty.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32543 of 2022
Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 114 of 2022, under Sections 395,412 IPC, Police Station- Bharthana, District - Etawah.
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 looted amount of Rs. 2,00,000/- in which Rs. 1,75,000/- has been recovered from one Ritesh Kumar but no recovery has been made from the possession of the applicant. It is further stated that there was no eye witness against the applicant. It is submitted that no identification parade has been conducted. 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 28.4.2022 and the possibility of conclusion of trial in near future is very bleak.
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.
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.
Let applicant namely Jitendra Kumar 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 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 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.
(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.
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.
Order Date :- 10.10.2022
samz
(Piyush Agrawal, J.)
Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.10.10 16:45:24 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible to be released on bail in a non-cognizable case of armed robbery.
Whether the conditions for bail should include specific undertakings regarding appearance and avoidance of abuse of process.
4 provisions across 2 enactments
Jitendra Kumar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
