This is an interim bail application in a theft case involving electricity. The High Court found it a fit case for granting bail, subject to specific conditions regarding appearance and avoiding abuse of bail.
Released on bail by personal bond and two sureties subject to specific undertakings regarding court attendance and avoiding abuse of bail.
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. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43485 of 2022
Applicant :- Santosh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
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.137 of 2018, under Section 135 of Electricity Act, Police Station- Jasrathpur, District-Etah.
Learned counsel for the applicant has submitted that the First Information Report has been lodged against the applicant for the theft of electricity. It is submitted by learned counsel for the applicant that the applicant is an innocent person and has falsely been implicated in the present case due to ulterior motive. It is submitted that the applicant has a valid electricity connection bearing No.EP 3-1546 and there is no indication in the meter of electricity theft. 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. Applicant is languishing in jail since 28.08.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has 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, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Santosh Kumar 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 :- 10.10.2022 SK Goswami
Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.11 09:12:31 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the accused is a fit person to be released on bail in a theft case regarding electricity.
Whether reasonable and necessary conditions can be imposed on bail.
Whether the possibility of misuse of liberty of bail is established.
2 provisions across 1 enactments
Santosh Kumar
State of U.P.
Gajendra Kumar J
Shivakant Goswami J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
