Allowed

Deepu and Another v. State of U.P.

Allahabad HC1 Nov 2022BAIL/46807/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application filed by Deepu and Sindhpal Pardi regarding alleged theft charges, the high court granted bail to the applicants upon furnishing a personal bond and two local sureties. The court imposed specific conditions related to attendance and conduct during trial proceedings.

What did the court decide?

Release of applicants on bail on personal bond and two local sureties subject to conditions of presence and conduct during trial.

Deepu and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 58

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46807 of 2022

¶3

Applicant :- Deepu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shiv Shanker Prasad,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present bail application has been filed by the applicants- Deepu and Sindhpal Pardi @ Chintu with a prayer to enlarge them on bail in Case Crime No. 198 of 2022, under Sections 395 and 412 I.P.C., Police Station-Girvan, District-Banda, during the pendency of the trial.

¶7

It has been argued by the learned counsel for the applicants that the applicants have been falsely implicated in the present case for the purpose of harassment. Despite the fact that the incident took place in broad day light but there is no independent / public witness to support the allegations made in the FIR. No identification parade has been conducted on the basis of which it can be said that the applicants are involved in the present case. The recovery shown against the applicants is planted one by the police of which there is no independent witness. It is further submitted that there is no direct or indirect evidence from which it is established that the money in cash alleged to have been recovered from the possession of the applicants are the same which have been theft from the trunk (diggi) of the motorcycle of the informant, as alleged in the first information report. It is then submitted that the applicants have no criminal history. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 10.08.2022.

¶8

Per contra learned A.G.A. has opposed the bail prayer of the applicants but he could not dispute the factual submissions as urged by the learned counsel for the applicants.

¶9

Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as

¶10

well as the submissions made by the learned counsel for the parties, let the applicants involved in aforesaid case crime be released on bail on their 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:-

¶11

(i) The applicants shall file an undertaking to the effect that they 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.

¶12

(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicants 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 applicants 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 them in accordance with law.

¶15

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.

¶16

Order Date :- 1.11.2022 SK Srivastava

¶17

Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.11.02 11:41:08 IST Reason: Location: High Court of Judicature at Allahabad

Deepu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shamaan Kha @ Meetha @ Semaan Kha Vs State of U.P.

Gullu @ Gulveer @ Sonu Vs State of U.P.

Sundar Vs State of U.P.

Vishal Kashyap Vs State of U.P.

Raju Vs State of U.P.

Manish Yadav @ Anni Vs State of U.P.