This Bail Application under Section 439 Cr.P.C. was allowed. The High Court found it a fit case for bail, subject to stringent conditions regarding trial attendance, court appearances, and avoiding adjournments.
Bail granted on personal bond and two sureties with strict conditions regarding trial attendance and court appearances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50592 of 2022
Applicant :- Shaitan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Jitendra Kumar,Purushottam Dixit
Hon'ble Shekhar Kumar Yadav,J.
Counter affidavit filed today by learned AGA is taken on record.
Heard Mr. Manoj Kumar Srivastava, learned counsel for the applicant, Mr. Purushottam Dixit, learned counsel for opposite party no. 2, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 267 of 2020 under Sections 302, 120B, 406 IPC Police Station Dadon District Aligarh.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that neither the applicant was purchaser nor the beneficiary of the property in question. The applicant has no concerned with the alleged offence. It is next submitted that the co-accused namely- Devendra, Satveer and Kaptan have concerned with the property in question. The applicant has not committed the alleged offence. False allegation has been made against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant has no criminal history. The applicant is in jail since 8.9.2022.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shaitan Singh , who is involved in aforementioned case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 19.12.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.12.20 15:52:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a cheating and forgery case involving murder charges.
7 provisions across 2 enactments
Shaitan Singh
State of U.P.
Shekhar Kumar Yadav
Sweety Kanodia
As recorded by the court registry
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