The court granted bail to the applicant in a criminal case involving robbery and theft. The release is subject to personal bond, sureties, and strict conditions regarding court appearances and prohibitions on seeking adjournments during evidence.
Released on bail subject to personal bond, two sureties, and conditions regarding attendance and non-delay.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45352 of 2022
Applicant :- Jeetu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.
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.34 of 2022, under Sections 392 and 411 of IPC, Police Station- Piluwa, District - Etah.
As per the prosecution story, the informant is running a government country made wine shop and on 09.03.2022 at about 08.10 p.m. some unknown persons came on two motorcycles with opening fire and looted a sum of Rs.29,270/from country made wine shop and 10,500/- from beer shop.
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 the recovery as has been shown in the recovery memo is false and planted. It is further submitted that the alleged incident took place on 03.04.2022 and recovery has been shown from the possession of the applicant on 23.05.2022, meanwhile, after the arrest of the applicant, neither he was identified by the informant nor any type of identification parade was conducted by the police personnel. It is very fairly submitted by learned counsel for the applicant that the applicant except the present case has criminal history of 12 cases, which have been explained in para 4 of the supplementary affidavit filed in support of bail application. 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 23.05.2022 and the possibility of conclusion of trial in near future is very bleak.
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.
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 the applicant- Jeetu Yadav be released on bail in the aforesaid case 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 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.
(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 :- 11.11.2022 SK Goswami
Digitally signed by SHIVAKANT GOSWAMI Date: 2022.11.11 17:22:16 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the present bail application involves a fit case for granting bail.
Whether the applicant should be released on bail subject to specific undertakings and conditions.
3 provisions across 2 enactments
Jeetu Yadav
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
