In a bail application challenging allegations of vehicle theft and cheque dishonour, the High Court granted bail subject to personal bond and sureties, imposing strict conditions regarding court appearance and conduct during the trial.
Released on bail by furnishing a personal bond and two local sureties subject to strict conditions regarding court appearance.
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Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41748 of 2022
Applicant :- Manish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Shadab Alam, learned counsel for the applicant and the learned A.G.A. for the State as well as perused the entire material available on record.
The present bail application has been filed by the applicantManish Yadav with a prayer to enlarge him on bail in Crime No. 266 of 2022, under Sections 411, 414, 473 I.P.C., Police StationPhoolpur, District-Azamgarh, during the pendency of trial.
The learned counsel for the applicant submits that the present first information report lodged by the Police is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. It is further argued that the applicant is not involved in stealing any vehcile or making any fabrication for changing of any number plates. He has no concern with the allegations made by the prosecution. The alleged recovery shown against the applicant is planted one by the Police. There is no independent witness from which it is established that the applicant is involved in the commission of the alleged offence. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 17th August, 2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the
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 misuses 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 fails 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Shiv Shanker Prasad, J.)
Order Date :- 12.10.2022
Sushil/-
Digitally signed by SUSHIL KUMAR SINGH Date: 2022.10.13 16:08:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted in a criminal trial involving theft and cheating allegations.
Whether the applicant's claim that the FIR is false and evidence is planted warrants bail.
Colour shows how this judgement treated each authority
Dataram Singh Versus State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Manish Yadav
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
