This court granted bail to the applicant in a criminal case involving cheating, theft, and illegal possession. The release was contingent on personal bond and sureties, subject to conditions preventing absence from court proceedings.
Applicant released on bail on personal bond and two sureties subject to specific conditions regarding court appearance.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42860 of 2022
Applicant :- Kurban Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,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.509 of 2021, under Sections 414, 420, 465, 379, 411 of IPC, Police Station- Behat, DistrictSaharanpur.
As per the prosecution story, the applicant along with other coaccused persons are said to have been arrested on 08.10.2021 along with 11 motorcycles and three fake number plates. There are also allegations of police party firing, but no injury caused.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the applicant is not named in the FIR and been implicated in a police party firing case in the present matter. It is further stated that there is no criminal history of the applicant except the present cases. It is further submitted that the co-accused Faim and Sonu have already been enlarged on bail by another Co-ordinate Bench of this Court vide order 10.01.2022, passed in Criminal Misc. Bail Applications No.52607 of 2022 and 51926 of 2022 respectively. Copies of the bail orders have been brought on record as annexure 2 to the bail application. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. 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 08.10.2021 and the possibility of conclusion of trial in near future is very bleak.
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 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 keeping in mind that co-accused has already been released on 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.
Let applicant- Kurban 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 :- 19.10.2022 SK Goswami
Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.19 17:14:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail given the co-accused have already been released and the trial will be delayed.
3 provisions across 2 enactments
Kurban
State of U.P.
Gajendra Kumar
SK Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
