Allowed

Anil Kumar Srivas v. State of U.P.

Allahabad HC15 Dec 2022BAIL/44133/2022

Case brief

AI extract

What is this about?

Single judge order granting bail to the applicant in a criminal trial case involving theft and robbery, subject to strict conditions regarding court attendance and without prejudice to the merits of the case.

What did the court decide?

Application dismissed regarding allegations of ulterior motive and undated recovery; order to release applicant on bail subject to strict conditions and personal bond.

Anil Kumar Srivas Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44133 of 2022

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Applicant :- Anil Kumar Srivas Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard Mr. Dharm Singh Parmar, learned counsel for the applicant and the learned A.G.A. for the State as well as perused the entire material available on record.

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The present bail application has been filed by the applicant- Anil Kumar Srivas with a prayer to enlarge him on bail in Crime No. 90 of 2022, under Sections 394,323, 411 and 413 I.P.C, Police Station-Kadaura, District-Jalaun, during the pendency of trial.

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According to prosecution version, informant lodged FIR stating therein that on 28.6.2022 he was coming back from Chitrakoot by his motorcycle in which his wife was pillion rider; two persons confronted him and stopped his motorcycle due to which, his motorcycle left from his hand and thereafter they took the said motorcycle with them.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number due to ulterior motive. The applicant has not been named in the first informant report. When the applicant being a retailer of artificial jwellery, went to Quasba Kadaur, where the Police arrested him implicated in this very case showing false recovery against him. There is no independent or public witness of the alleged recovery. Neither the Police has conducted the Test Identification Parade as required under law nor the applicant has been identified by the informant or any victim. It is further submitted that the co-accused, namely, Virendra Singh has already been enlarged on bail by this Court vide order dated 9th December, 2022 passed in Criminal Misc. Bail Application No. 53252 of 2022. The case of the present applicant is similar and identical to that of the present applicant. As such the present applicant is also liable to be enlarged on bail. The applicant has four criminal antecedents to his credit except the present one but the same have satisfactorily been explained in paragraph 16 of the affidavit accompanying the present bail application. 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 4th July, 2022. As such the present applicant has undergone more than six months of incarceration.

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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.

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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:-

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(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.

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(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.

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(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.

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(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.

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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.

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(Shiv Shanker Prasad, J.)

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Order Date :- 15.12.2022

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Sushil/-

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Digitally signed by SUSHIL KUMAR SINGH Date: 2022.12.16 10:03:46 IST Reason: Location: High Court of Judicature at Allahabad

Anil Kumar Srivas v. State of U.P.

Case brief

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Anil Kumar Srivas v. State of U.P.

Case brief

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