Allowed

Arun Kumar v. State of U.P.

Allahabad HC22 Sept 2022BAIL/8729/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 457, 380, and 411 IPC, the Single Judge of the High Court granted bail to the applicant, noting he was first accused in no role, no co-accused had been arrested, and the case was fit for bail.

What did the court decide?

Released on bail subject to personal bond, two reliable sureties, and conditions regarding court appearance and no unnecessary adjournments.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8729 of 2022

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Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Pandey,Vindhyachal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,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.0911 of 2021 dated 16.10.2021 (State of Arun), under Sections 457, 380 and 411 IPC, Police Station-Naubasta, District -Kanpur Nagar.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that neither applicant is named in the FIR nor any recovery has been made from the possession of the applicant. Only Rs.5000/- and one gold coin is alleged to have been recovered from his possession, which was not identified by the informant. He further submits that applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 26.10.2021 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-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 have 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, Arun Kumar , be released on bail in the aforesaid Case Crime Number on 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 the 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the 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 the applicant's 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 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 :- 22.9.2022 JSP

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(Piyush Agrawal,J.)

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Digitally signed by JAY SINGH PATEL Date: 2022.09.23 14:26:15 IST Reason: Location: High Court of Judicature at Allahabad

Arun Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arun Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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