Allowed

Pawan Kumar Vats v. State of U.P.

Allahabad HC19 Dec 2022BAIL/49283/2021

Case brief

AI extract

What is this about?

Single judge bail application allowed. Applicant releases on personal bond and two sureties with strict conditions regarding court attendance and prohibition of adjournments to prevent abuse of process.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties subject to specific conditions regarding court attendance and conduct during trial.

Pawan Kumar Vats Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49283 of 2021

¶3

Applicant :- Pawan Kumar Vats Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

The case is taken up in the revised call.

¶6

Heard Mr. Akhilesh, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

¶7

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.21 of 2021, under Sections 272, 273, 304, 467, 472, 473, 120-B I.P.C. and Section 60-A of Excise Act, Police Station Mahua Kheda, District- Aligarh.

¶8

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant is not named in the FIR. His name has been surfaced in the statement of co-accused Raj Bahadur @ O.P. The present applicant had also purchased this spurious liquor from coaccused Amit Garg. He further submits that co-accused Amit Garg has been granted bail by the co-ordinate Bench of this Court, vide order dated 28.11.2022 in Criminal Misc. Bail Application No. 13261 of 2022. He has emphasized on the period of detention that applicant is languishing in jail since 05.06.2021. He further submits that looking to the snail pace at which the trial is being conducted, the chances of trial being concluded in near future is very bleak due to heavy dockets. The applicant has criminal history of three cases, which have been explained in paragraph 10 of the application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

¶9

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse

¶10

the liberty of bail.

¶11

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let the applicant- Pawan Kumar Vats involved in aforesaid case crime be released on bail on his 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:-

¶13

(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.

¶14

(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.

¶15

(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.

¶16

(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.

¶17

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.

¶18

Order Date :- 19.12.2022 Rahul.

¶19

Digitally signed by RAHUL GOSWAMI Date: 2022.12.22 17:15:38 IST Reason: Location: High Court of Judicature at Allahabad

Pawan Kumar Vats v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan Kumar Vats 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

Sangeeta Vs State of U.P.

Sukkhu @ Sukhe Nishad Vs State of U.P.

Abrar Mulla Vs State of U.P.

Nurul Hasan Vs State of U.P. and 3 Others

Akhilesh Yadav and Another Vs State of U.P.

Satish Vs State of U.P.