Allowed

Rohit Yadav v. State of U.P.

Allahabad HC18 Oct 2022BAIL/45133/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding a theft case under IPC Section 393, the High Court found it a fit case for granting bail subject to conditions including filing an undertaking against adjournments, personal presence at trial dates, and adherence to specific procedural appearances, despite the applicant's criminal history.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions regarding attendance, no adjournments, and provisional imprisonment for absence.

Rohit Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45133 of 2022

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Applicant :- Rohit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Karuna Nand Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No.33 of 2022, under Section 393 of IPC, Police Station- Brijmangaj, District - Maharajganj.

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As per the prosecution story, the informant lodged the first information report against three accused persons along with the applicant with respect to an incident of theft which is said to have taken place on 27.03.2022.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is submitted that as per the recovery memo, two motor cycles, one TVS TRT 180 without number plate and another motor cycle bearing no.UP 3 DU 6767 have been recovered, which is false. It is submitted that there is no independent witness of the alleged recovery. It is further submitted that the applicant has criminal history of 3 cases, in which has been enlarged on bail. 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 28.03.2022 and the possibility of conclusion of trial in near future is very bleak.

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On the other hand, 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 accused-applicant.

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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.

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Let applicant- Rohit Yadav 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:-

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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 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.

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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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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.

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Order Date :- 18.10.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.18 17:43:24 IST Reason: Location: High Court of Judicature at Allahabad

Rohit Yadav v. State of U.P.

Case brief

What is this about?

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Rohit Yadav v. State of U.P.

Case brief

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