Allowed

Ravi v. State of U.P.

Allahabad HC17 Oct 2022BAIL/7673/2021

Case brief

AI extract

What is this about?

The Court granted bail to the applicant Ravi in a criminal case involving sections 392 and 411 IPC. The release was permitted subject to specific conditions regarding attendance and conduct during the trial, including warnings against seeking adjournments and failure to appear.

What did the court decide?

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

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7673 of 2021

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Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra 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 and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantRavi in Case Crime No.243 of 2020, under Sections 392 and 411 I.P.C., Police Station-Saifai, District-Etawah with the prayer to enlarge him on bail.

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Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the applicant is not named in the F.I.R. His name has surfaced during investigation in the statement of coaccused. He further submits that co-accused namely, Mangal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 09.12.2021 passed in Criminal Misc. Bail Application No.40433 of 2021 and he seeks parity of the aforesaid order. He further submits that applicant has criminal history of 19 cases, which he has satisfactorily explained in para 4 of the supplementary affidavit. He further submits that applicant is a law abiding citizen and there is no early prospect of conclusion of trial. So, the applicant, who is in jail since 22.11.2020, deserves to be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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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 namely Ravi be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction

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of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that applicant 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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant 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 presence of the applicant, 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 the applicant, 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 the applicant 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 :- 17.10.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.10.17 17:20:05 IST Reason: Location: High Court of Judicature at Allahabad

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi v. State of U.P.

Case brief

What is this about?

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