The High Court allowed a bail application filed by Chaman Lal Diwakar under Section 167 Cr.P.C., granting default bail after 90 days of incarceration without a charge-sheet.
Applicant to be released on bail by furnishing a personal bond and two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4393 of 2022
Applicant :- Chaman Lal Diwakar Opposite Party :- State of U.P. Counsel for Applicant :- Gopal Misra,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 558 of 2020 under Sections 406, 419, 420, 467, 468, 471, 506 and 120-B IPC Police Station Civil Lines District Pryagraj.
Contention is that though the applicant is in jail since 20.10.2021 but till date no charge-sheet has been filed against him and a period of more than 90 days have expired. Submission is that the applicant is entitled to grant of default bail in terms of Section 167 Cr. P.C. and the reliance is placed upon para 11.6 of the Supreme Court judgment in M.Ravindran Vs.Directorate of Revenue Intelligence (2021) 2 S.C.C.485. It is also stated that the applicant otherwise has no concern with the company in question inasmuch as he was only a Director for 13 months in a sister concern and has already resigned from it. It is further submitted that the applicant otherwise is neither the person against whom the first information report has been lodged nor any credible evidence has been collected against him during the course of investigation. Submission is that incarceration in jail even after expiry of 90 days in which even charge sheet is not filed is an abuse of the process of law. It is further argued that the trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned A.G.A. opposes the bail application.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail application on behalf of accused person.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Chaman Lal Diwakar be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 15.2.2022
n.u.
Digitally signed by NASEEM UDDIN Date: 2022.02.16 14:20:48 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to default bail under Section 167 Cr.P.C. after 90 days of custody without a charge-sheet.
Whether this case is a fit case for grant of bail in the given circumstances.
Colour shows how this judgement treated each authority
M.Ravindran Vs. Directorate of Revenue IntelligenceReferred¶7
M.Ravindran Vs. Directorate of Revenue Intelligence (2021) 2 S.C.C.485 · Who else cites this
2 provisions across 2 enactments
Chaman Lal Diwakar
State of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
