Allowed

Sonu @ Chamanni and Another v. State of U.P.

Allahabad HC19 Sept 2022BAIL/41791/2022

Case brief

AI extract

What is this about?

The High Court granted bail to two applicants in criminal proceedings for violation of peace. The court relied on the grant of bail to a co-accused and released the applicants on personal and surety bonds subject to strict conditions regarding court attendance.

What did the court decide?

Applicants released on bail on personal bond and two sureties subject to conditions regarding court attendance and behavior.

Sonu @ Chamanni and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41791 of 2022

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Applicant :- Sonu @ Chamanni And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicants 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 applicants seeking bail in Case Crime No. 137 of 2022 , under Sections 147, 148, 323, 332, 353, 341, 427, 435, 511 IPC and Section 7 of Criminal Amendment Act, Police Station- Bisouli, District - Budaun .

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that Section as mentioned in the F.IR. lodged by the one police personnel is not made out against the applicants. It is stated that after taking note of entire facts and circumstances of the case, co-accused, namely, Anuj , has already been enlarged on bail by this Court vide order dated 8.8.2022 passed in Criminal Misc. Bail Application No. 30417 of 2022 . Accordingly, the applicants are also entitled for bail on the ground of parity. It is next contended that applicant has no any previous criminal history. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 28.05.2022 and the possibility of conclusion of trial in near future is very bleak.

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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-applicants that co-accused has already been released on bail.

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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 and keeping in mind that co-accused has already been released on

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bail by this Court and 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 applicants, namely, Sonu @ Chamanni And Bahoran , 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:-

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(i) The applicants shall file an undertaking to the effect that the applicants 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 applicants 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.

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(iii) In case the applicants misuse the liberty of bail during trial and in order to secure the applicants' presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicants, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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.

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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 :- 19.9.2022 Sachin/-

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(Piyush Agrawal,J.)

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Digitally signed by SACHIN TIWARI Date: 2022.09.20 14:56:35 IST Reason: Location: High Court of Judicature at Allahabad

Sonu @ Chamanni and Another v. State of U.P.

Case brief

What is this about?

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Sonu @ Chamanni and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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