Allowed

Guddu @ Omkar Singh v. State of U.P.

Allahabad HC16 Aug 2023BAIL/31139/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case triable before a Magistrate. The court observed that the applicant was not arrested at the spot and no incriminating material was recovered from him. Bail was granted subject to specific conditions regarding appearance in court and preservation of surety properties.

What did the court decide?

The applicant be released on bail by furnishing a personal bond and two sureties carrying adequate properties subject to specified conditions of appearance and conduct.

Guddu @ Omkar Singh Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164265

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31139 of 2023

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Applicant :- Guddu @ Omkar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Mr. Sarvajeet Singh, learned counsel for the applicant,

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learned A.G.A. and perused the record.

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The present first bail application has been filed on behalf of the applicant in Case Crime No. 180 of 2022 under Sections 420, 411 and 414 I.P.C. Police Station-Junawaee, District - Sambhal with the prayer to enlarge him on bail.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that nothing incriminating has been recovered from the possession of the applicant or from his pointing out. It is further submitted that the motorcycles were recovered from the pointing of co-accused Sripal. It is next submitted that the applicant was not present at the

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spot and due to earlier enmity of the applicant and the Mukhbir Khas, applicant has been falsely implicated in this case. It is next

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contended that the applicant has criminal history of six cases and in all of them he has been enlarged on bail. Applicant is languishing in jail since 21.10.2022 and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

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On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

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Considering the fact that the applicant was not arrested at the spot, name of the applicant surfaced on the basis of statement of co-accused Sripal who was arrested at the spot, nothing incriminating has been recovered from the possession of the applicant, applicant has criminal history of six cases in which he has been enlarged on bail as mentioned in paragraph No. 10 of the bail application, case is triable by Magistrate and without expressing any opinion on the merits of the case, accusedapplicant is liable to be released on bail.

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Let the applicant Guddu @ Omkar Singh be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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

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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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(v) The applicant shall also furnish an undertaking from the

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sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.

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(Renu Agarwal,J.)

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Order Date :- 16.8.2023 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Guddu @ Omkar Singh v. State of U.P.

Case brief

What is this about?

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Guddu @ Omkar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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