High Court Crimes Bench granted bail to the applicant in murder/cheating case on furnishing personal bond and two sureties, imposing conditions regarding court presence and prohibiting ungrounded adjournments.
Released on bail by furnishing personal bond and two reliable sureties; imложены conditions regarding absence from court.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48133 of 2022
Applicant :- Nadeem @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Syed Fahim Ahmed,Surendra Kumar Yadav
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.390 of 2022, under Sections 392, 420, 411 of IPC, Police Station- Nai Mandi, DistrictMuzaffarnagar.
As per the prosecution story, the FIR has been lodged with the allegation that on 2.8.2022 when the complainant was going on foot for some work and as soon as he reached Vishwakarma Chowk, two boys on motorcycle requested him to purchase a Vivo Phone for Rs.3,000/-. It has been further alleged that during the deal between the parties the applicant and coaccused forcefully took away the mobile phone of the complainant.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Further submission is that there is no material on record to indicate the involvement of the applicant in the alleged crime. It is also submitted that there is independent witness of the alleged incident. It is further stated that there is criminal history of one case against the applicant except the present case which has been explained by means of supplementary affidavit. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. 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 3.08.2022, and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of
bail, but he has not disputed the above contention made by the learned counsel for the 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 and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Nadeem @ Sonu, 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 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.
(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 Shiv
Digitally signed by SHIV KUMAR SHARMA Date: 2022.11.11 17:42:13 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 392, 420 and 411 IPC given the nature of allegations and delay in trial.
Whether conditions can be imposed on the grant of bail to ensure the applicant's presence and prevent abuse of legal process.
Whether the trial court can trea an absence as misuse of bail and proceed suo motu.
Nadeem @ Sonu
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
