Allowed

Deepak v. State of U.P.

Allahabad HC21 Oct 2022BAIL/47282/2022

Case brief

AI extract

What is this about?

The High Court granted bail to Deepak in a criminal case involving an 1984 incident alleging burning deaths in Kanpur Nagar. The applicant pleaded false implication, old age, and poor health. The court allowed bail with personal bond and sureties, subject to strict conditions regarding attendance and appearance.

What did the court decide?

The applicant Deepak was released on bail by furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

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

¶1

Court No. - 64

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47282 of 2022

¶3

Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.

¶6

The applicant has been implicated in this case on the allegations of being involved in the incident dated 01.11.1984 which has taken place after the death of 'the then' Prime Minister of the Country, Smt. Indira Gandhi as two persons are alleged to have been burnt alive in the shop of the informant. No one was named in the FIR.

¶7

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is old and aged about 70 years now and his physical condition is not good. It is next contended that the applicant is not named in the first information report and his name has into light during the course of investigation. He is claiming the benefit under Section 437(ii) Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.7.2022. It has been pointed out that the applicant has criminal history of one case in which the applicant has been acquitted, reference is made to paragraph no.16 of the affidavit accompanying this bail application.

¶8

Learned A.G.A. opposed the prayer for bail.

¶9

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

¶10

Let the applicant Deepak involved in Case Crime No.574 of 1984 under Sections 436, 396 I.P.C., Police Station Naubasta, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

¶11

(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.

¶12

(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.

¶13

(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.

¶14

(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.

¶15

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

¶16

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶17

Order Date :- 21.10.2022 Dev/-

¶18

Digitally signed by DEV PRAKASH Date: 2022.10.29 14:25:31 IST Reason: Location: High Court of Judicature at Allahabad

Deepak v. State of U.P.

Case brief

What is this about?

What did the court decide?

Deepak 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

Dhruv Chaudhary Vs State of U.P.

Bahujan @ Sanjay @ Nityanandan Vs State of U.P. and Another

Vikash @ Banti Yadav Vs State of U.P.

Shiv Kumar Vs State of U.P.

Veer Vrat Alias Ravi Vs State of U.P.

Rahul Singh Chaudhary Vs State of U.P.