Allowed

Arjun Singh Khatik v. State of U.P.

Allahabad HC4 Feb 2022BAIL/44387/2021

Case brief

AI extract

What is this about?

The High Court dismissed a bail application, granting bail only after recording its opinion that the trial would likely be lengthy. It directed the applicant to furnish a personal bond and two sureties and imposed strict conditions requiring personal presence on all material dates.

What did the court decide?

Release on bail after furnishing a personal bond and two sureties with conditions to appear on dates fixed for evidence, framing of charge, and recording of statement.

Arjun Singh Khatik Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44387 of 2021

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Applicant :- Arjun Singh Khatik Opposite Party :- State of U.P. Counsel for Applicant :- Rohan Gupta,Ankit Saran Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Arjun Singh Khatik in Case Crime No. 392 of 2019, under Sections 406 & 420 IPC, Police Station Sector-20 Noida, District - Gautam Budh Nagar, with the prayer to enlarge him on bail.

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It is stated that the applicant is in Jail since 6.7.2021 in an offence in Case Crime No. 392 of 2019, under Sections 406, 420 IPC and the chargesheet has already been filed in the matter. It is contended that the applicant is in Jail for nearly seven months and the trial is likely to take sufficiently long considering the covid-19 pandemic. Argument is that the applicant had only tried to help the contract employees and since large number of persons were involved the applicant has been falsely charged with duping the poor persons of huge amount.

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Learned AGA has opposed the prayer made in the bail application.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

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Let the applicant- Arjun Singh Khatik involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-

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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 229A 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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Order Date :- 4.2.2022 Ranjeet Sahu

Arjun Singh Khatik v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arjun Singh Khatik v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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