Court grants bail to applicant Sanjeev Mittal in a criminal bail application involving POCSO and Immoral Trafficking charges, citing parity and medical grounds, subject to conditions preventing absentia trial.
Released on bail by furnishing a personal bond and two heavy local sureties each of the like amount.
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Neutral Citation No. - 2023:AHC:135817
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16938 of 2023
Applicant :- Sanjeev Mittal Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
bilateral exiting and transverse nerve roots. Learned counsel further argued that the co-accused Smt. Meena and Yammen @ Mullah have already been enlarged on bail by co-ordinate Bench as well as by this Court vide order dated 21.04.2023 and 27.06.2023 passed in Criminal Misc. Bail Application Nos. 12786 and 20773 of 2023, respectively. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 01.02.2023 having no criminal history.
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
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.
III. In case, the applicant misuses the liberty of bail 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.
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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.7.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering alleged false implication, medical infirmity, and parity with co-accused already granted bail.
Whether the applicant can be released on bail pending trial subject to specific conditions.
6 provisions across 4 enactments
Sanjeev Mittal
State Of U.P.
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
