Allowed

Akash Jat v. State of U.P.

Allahabad HC26 Sept 2022BAIL/38979/2022

Case brief

AI extract

What is this about?

In this bail application, the Court granted bail to the applicant accused under Sections 392, 411, and 427 IPC. The Court held the case fit for bail without expressing an opinion on merits and imposed specific conditions regarding court attendance and preventing abuse of liberty.

What did the court decide?

Release of the applicant on bail subject to furnishing a personal bond and two reliable sureties and complying with conditions regarding court attendance.

Akash Jat Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38979 of 2022

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Applicant :- Akash Jat Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,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.269 of 2022, under Sections 392, 411, 427 IPC, Police Station- Daurala, District - Meerut.

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As per the allegation levelled in the FIR, while the informant was taking dinner on 05.08.2022 at about 11:00 p.m. at Deepanshu Dhaba, the applicant along with other co-accused taken him away outside the Dhaba and forcibly snatched Rs.63,00/- and one mobile.

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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 FIR was lodged with inordinate delay, which was not explained. It is submitted that the allegation made in the FIR and the recovery as shown are false and concocted. It is further submitted that the applicant along with other neither committed the alleged offence nor he was arrested, as alleged, by the police. It is further submitted that the applicant is a student aged about 21 years. 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 08.08.2022 and the possibility of conclusion of trial in near future is very bleak.

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On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accusedapplicant.

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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,

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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- Akash Jat 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:-

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(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.

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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 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 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.

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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 him in accordance with law.

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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 :- 26.9.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.09.26 17:24:32 IST Reason: Location: High Court of Judicature at Allahabad

Akash Jat v. State of U.P.

Case brief

What is this about?

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Akash Jat v. State of U.P.

Case brief

What is this about?

What did the court decide?

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