Allowed

Shyamu Lodhi and Another v. State of U.P.

Allahabad HC14 Feb 2023BAIL/3026/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed under Section 439 CrPC by Shyamu Lodhi and Chhotku @ Monu seeking enlargement on bail during trial. Court granted bail subject to conditions including personal bond, two sureties, and undertaking not to tamper with evidence or seek adjournments during witness examination.

What did the court decide?

Applicants released on bail on personal bond and two sureties subject to stringent conditions including undertaking not to tamper with evidence, attend hearings, and not seek adjournments during witne

Shyamu Lodhi and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3026 of 2023

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Applicant :- Shyamu Lodhi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Harish Chandra Yadav

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Manvendra Singh, learned counsel for the applicants, learned counsel for the State, Sri Harish Chandra Yadav, learned counsel for the informant and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Shyamu Lodhi And Chhotku @ Monu seeking enlargement on bail during trial in connection with Case Crime No. 524 of 2022, under Sections 147, 148,149, 323, 325, 302, 504 I.P.C. registered at P.S.- Kotwali, District- Fatehpur.

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The submission advanced by learned counsel for the applicant is that the applicants is innocent and has been falsely implicated in the present case due to ulterior motive. Although the the applicants are named in the FIR but during investigation Ramu Lodhi and Sonu Badku Lodhi have confessed before the police about their involvement in the incident. In the present case the co-accused Chhotey Lal, who is also named in the FIR and same role has been assigned to him has been released on bail by another bench of this court vide order dated 12,12,2022 in Crl. Misc. Bail Application No. 54650 of 2022 . Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It is further contended by learned counsel for the applicants that the applicants are languishing in jail since ... having no criminal history.

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Per contra, learned AGA for the State as well as learned counsel for the informant have opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail.

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Let the applicants- Shyamu Lodhi And Chhotku @ Monu , be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the

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interest of justice:-

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i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicants 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.

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(iii) The applicants 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.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 82 Cr.P.C., may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under section 174-A I.P.C.

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(V) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 14.2.2023

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RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Shyamu Lodhi and Another v. State of U.P.

Case brief

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Shyamu Lodhi and Another v. State of U.P.

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