Allowed

Hasnain v. State of U.P.

Allahabad HC11 Aug 2023BAIL/33112/2023

Case brief

AI extract

What is this about?

Held the first bail application allowing the applicant's release. The court relied on the triable court level, minimal recovery, and applicant's history of bail grants in similar cases to order liberty on bail with sureties and personal bond.

What did the court decide?

Release on bail upon furnishing a personal bond and two sureties each with specified undertakings regarding appearance and property.

Hasnain Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:163066

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33112 of 2023

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Applicant :- Hasnain Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Mr. Rajesh Dwivedi, learned counsel for the applicant, 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. 23 of 2023 under Sections 386, 341, 504, 506 I.P.C. Police Station Devrahat, District Kanpur Dehat 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 on the basis of previous criminal history of the applicant. It is submitted that nothing incriminating has been recovered from the possession of the applicant except cash of Rs. 680/-. It is next submitted that the case is triable by the Magistrate. It is next contended that applicant has criminal history of five cases and in all of them he has been enlarged on bail and copies of the bail orders are annexed as Annexure No. 2 and 3. Applicant is languishing in jail since 20.06.2023 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 case is triable by Magistrate, there is recovery of only Rs. 680/- from the applicant, applicant has been enlarged on bail in all his previous criminal antecedents, and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

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Let the applicant Hasnain 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 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,

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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 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 :- 11.8.2023

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Karan

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

Hasnain v. State of U.P.

Case brief

What is this about?

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Hasnain v. State of U.P.

Case brief

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