In this criminal miscellaneous bail application, the Single Judge allowed the applicant's prayer by finding it a fit case for bail without opining on the merits of the allegations.
Applicant released on bail for a personal bond and two sureties subject to conditions regarding appearance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37654 of 2022
Applicant :- Pawan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Dixit,Ashish Kumar Mishra,Shashi Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
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. 159/2022, under Sections 307, 323, 325, 504 IPC, Police Station- Delhi Gate , District - Aligarh.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the FIR was lodged with an inordinate delay of seven days; there is no eyewitness to the alleged incident; there are contradictions in the statements of alleged witnesses; the applicant has no previous criminal history; no role or motive has been assigned against the applicant for commission of alleged offence. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 17.07.2022 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.
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, Pawan Kumar, be released on bail in the aforesaid Case Crime Number on 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 the 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant 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 :- 19.10.2022 Amit Mishra
(Piyush Agrawal,J.)
Digitally signed by AMIT KUMAR MISHRA Date: 2022.10.19 13:24:05 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is a fit case to be granted despite pendency of trial in an FIR u/s 307, 323, 325, 504 IPC.
Under what conditions may bail be granted subject to appearance and undertaking not to seek adjournment.
3 provisions across 2 enactments
Pawan Kumar
State of U.P.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
