Allowed

Pramod v. State of U.P.

Allahabad HC6 Sept 2022BAIL/9092/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Pramod, who was implicated in an offence of attempt to murder and rioting along with others. The court held that the applicant made out a case for bail, imposing conditions regarding attendance, tampering with evidence, and seeking adjournments.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond and two sureties each.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9092 of 2022

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Applicant :- Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Rekha Pundir,Radhey Shyam,Sunil Vashisth Counsel for Opposite Party :- G.A.,Chandan Yadav,Saurabh Yadav

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Hon'ble Siddharth,J.

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Heard Sri Brijesh Sahai, learned Senior Advocate, assisted by Sri Sunil Vashisth, learned counsel for the applicant, Sri Saurabh Yadav, leaned counsel for the informant and learned A.G.A. for the State.

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There is allegation against 50 persons including the applicant of forming unlawful assembly and with common intention causing offence of attempt to murder and rioting.

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Learned counsel for the applicant submits that applicant has been assigned role of possessing fire arm but no fire arm injury has been found on the person of solitary deceased. There are 50 persons implicated for the alleged offence. The applicant has been falsely implicated in this case. The applicant is in jail since 18.06.2021.

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Learned counsel for the informant has vehemently opposed the bail application and has submitted that the bail application of five co-accused namely, Ramesh @ Jabbar, Kuldeep Sharma, Kuldeep, Vinod and Amit have been rejected by coordinate bench of this court vide order dated 18.05.2022.

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From the perusal of the rejection order passed by coordinate bench of this court, it appears that the bail application of five co-accused has been rejected on the ground of forming unlawful assembly.

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Learned Senior Advocate appearing on behalf of the applicant has pointed out that for attracting Section 149 I.P.C., there should have been specific overt act assigned to the applicant, which has not been assigned to the applicant. Therefore his presence cannot be presumed under Section 149 I.P.C.

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Learned AGA has also opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Pramod, involved in Case Crime No.326 of 2021, under Sections 147, 148, 149, 452, 307, 323, 427, 302 I.P.C, Police Station Sardhana, District- Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the

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court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

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(v) 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.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 6.9.2022 SS

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Digitally signed by SURENDAR SINGH NARANG Date: 2022.09.06 17:19:59 IST Reason: Location: High Court of Judicature at Allahabad

Pramod v. State of U.P.

Case brief

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Pramod v. State of U.P.

Case brief

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