Allowed

Shanu v. State of U.P.

Allahabad HC30 May 2022BAIL/9675/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicant, Shanu, accused of offences under Sections 395/397/412 IPC. The Court accepted arguments of false implication and parity with prior bail orders for co-accused. Specific conditions regarding attendance, adjournments, and consequences of absentia were laid down.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with specific conditions regarding attendance and no adjournment.

Shanu Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9675 of 2022

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Applicant :- Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Rejoinder affidavit is taken on record.

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Heard Sri Mohd. Faiz, learned counsel for applicant, learned A.G.A for the State and perused the record.

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Applicant- Shanu seeks bail in Case Crime No.034/2021, under Sections 395/397/412 IPC, P.S. Bilsi, District, Budaun.

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It is submitted that the applicant has been falsely implicated in the present case as the applicant was not named in the FIR, his name surfaced for the first time during the course of investigation, in the confessional statement of co-accused. Learned counsel for the applicant further claims parity with the orders dated 15.7.2021 and 26.11.2021, whereby co-accused Atif and Aalam, who have also been assigned similar / identical allegation qua the applicant, have been bailed out by this Court in Criminal Misc. Bail Application Nos.19258/2021 & 36016/2021 respectively. It is further submitted that the criminal history of the applicant has been explained in the supplementary affidavit. It is finally submitted that the applicant is in jail since 10.1.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.

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Learned AGA has opposed the prayer for bail but could not dispute the claim on parity of the applicant.

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Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail. The bail application is allowed.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that

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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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(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 Penal 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 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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(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 him in accordance with law.

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Order Date :- 30.5.2022 C.Prakash

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Digitally signed by CHANDRA PRAKASH Date: 2022.05.30 17:33:21 IST Reason: Location: High Court of Judicature at Allahabad

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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