The Court allowed a bail application filed by Niraj Singh during trial. It observed that the applicant was not named in the FIR, recovered items were not incriminating, and co-accused had been granted bail by coordinate benches.
The applicant was released on bail furnishing a personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:127474
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21048 of 2023
Applicant :- Niraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Bahadur Singh,R.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
perusing the record, it is evident that the applicant is not named in the F.I.R. He was arrested along with five other co-accused persons. Recovery of mobile phone and Rs.600.00 is not incriminating in any manner. Two co-accused Ravindra and Pankaj who were also arrested with the applicant, have been granted bail by co-ordinate Benches of this Court.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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
and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
(Samit Gopal,J.)
Order Date :- 20.6.2023 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant be enlarged on bail during trial given that he is not named in the FIR, the recovered items are not incriminating, and co-accused have been granted bail.
Colour shows how this judgement treated each authority
Ravindra vs. State of U.P.Referred¶8
Criminal Misc. Bail Application No. 19247 of 2023 (Ravindra vs. State of U.P.)
Pankaj vs. State of U.P.Referred¶8
Criminal Misc. Bail Application No. 21080 of 2023 (Pankaj vs. State of U.P.)
Niraj Singh
Samit Gopal
Naresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
