Allowed

Himanshu v. State of U.P.

Allahabad HC24 May 2022BAIL/56234/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Himanshu, who was accused under Sections 302, 120-B, 193 IPC. The court held that the applicant had made out a case for bail without expressing an opinion on the merits of the rival claims and granted release subject to specific undertakings and conditions regarding court attendance.

What did the court decide?

Release on bail by furnishing personal bond and two sureties subject to undertakings regarding court attendance and no adjournment requests.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56234 of 2021

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Applicant :- Himanshu Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Mishra,Shiv Kant Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Heard Sri Rajiv Kumar Mishra and Sri Shiv Kant Mishra, learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant Himanshu, who is involved in Case Crime No. 829 of 2021, under Sections 302, 120-B, 193 and 34 of I.P.C., Police StationKavi Nagar, District- Ghaziabad.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that applicant is not named in the FIR, the implication of the applicant was made on the basis of the alleged confessional statement of co-accused Nitin Yadav, Vikas Chaudhary and Manoj, there is no direct evidence with regard to involvement of the applicant, there is only a recovery of a country made pistol and no forensic and ballistic report has been obtained with regard to the fact as to whether firearm was used in the incident; the charge-sheet has been submitted in the case and no further investigation is required by the police. It is further submitted that the applicant has no other criminal history and is in jail since 31.05.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail

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but could not deny the fact that the applicant has no criminal history. He also did not deny that the charge sheet had been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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The bail application is, accordingly, allowed.

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Let the applicant, Himanshu be released on bail in Case Crime No. 829 of 2021, under Sections 302, 120-B, 193 and 34 of I.P.C., Police Station- Kavi Nagar, District- Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the 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 the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an 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 Panel Code.

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(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 on such proclamation, then, the trial court shall initiate

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proceedings against him, in accordance with law, under Section 174-A of the Indian Panel 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 charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 24.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.26 16:12:48 IST Reason: Location: High Court of Judicature at Allahabad

Himanshu v. State of U.P.

Case brief

What is this about?

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Himanshu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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