Allowed

Kamal Saini v. State of U.P.

Allahabad HC3 Nov 2022BAIL/49061/2022

Case brief

AI extract

What is this about?

The court granted bail to Kamal Saini, an applicant in a criminal case involving kidnapping and illegal detention allegations. The decision was made on the grounds of parity with co-accused who were already on bail, the presence of heavy dockets, and the absence of specific risks like flight or misuse of liberty.

What did the court decide?

Release of the applicant on personal bond and two reliable sureties, subject to specific conditions regarding court attendance and undertakings.

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

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Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49061 of 2022 Applicant :- Kamal Saini Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Sharma 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.202 of 2020, under Sections 364-A, 342, 323, 120-B of IPC, Police Station- Amroha Dehat, District- Amroha.

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As per the prosecution story, the FIR was lodged against unknown person alleging therein that on 11.08.2020 in the evening at about 8:50 p.m. a person came in the clinic of the husband of the first informant and kidnapped her husband by a car.

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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. He has further stated that the applicant is not named in the FIR. It is further submitted that the applicant has not committed such crime rather his name has been surfaced in the confessional statement of co-accused Lomash and Nekpal. It is also submitted that neither any vehicle has been recovered from the possession of the applicant nor there is any reliable independent witness of the alleged incident. It is further stated that there is criminal history of 31 cases against the applicant which has been explained in para-17 of the affidavit. It is further submitted that the co-accused Lomash and Nekpal have already been enlarged on bail by another Co-ordinate Bench of this Court vide orders dated 19.01.2021 and 22.02.2021 passed in Criminal Misc. Bail Applications No.46192 of 2022 and 10139 of 2022 respectively. Copies of the bail orders have been brought on record as annexure 8 to the bail application. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. 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 23.08.2020, and the possibility of conclusion of trial in near future is very bleak.

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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.

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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 and keeping in mind that co-accused has already been released on bail by this Court and 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- Kamal Saini , 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:-

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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 :- 3.11.2022/ Shiv

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Digitally signed by SHIV KUMAR SHARMA Date: 2022.11.04 09:54:28 IST Reason: Location: High Court of Judicature at Allahabad

Kamal Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamal Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

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