Allowed

Karmveer v. State of U.P.

Allahabad HC24 Aug 2023BAIL/33611/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 33611 of 2023, the Allahabad High Court allowed bail to Karmveer accused in Case Crime No. 187 of 2023. The applicant, arrested under sections 392, 411, 120-B IPC, claimed false implication and lack of independent witnesses. The court, noting no prior criminal record and magistrate-era case, granted bail with extensive undertakings regarding attendance and pr

What did the court decide?

Applicant Karmveer released on bail by furnishing a personal bond and two sureties with specific undertakings regarding court attendance and property disposal.

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

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Neutral Citation No. - 2023:AHC:171197

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Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33611 of 2023 Applicant :- Karmveer Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application for bail has been filed seeking bail in Case Crime No.187 of 2023, under sections 392, 411, 120-B, IPC, Police Station Chhata, District Mathura.

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Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motives. Applicant was not named in the FIR and after five days of the alleged incident he was arrested in a police encounter case bearing Case Crime No.194 of 2023, under section 307 IPC and section 3/25 Arms Act and falsely roped in three cases including the present case. In two of the cases bearing Case Crime No.194 of 2023, under sections 307 IPC and section 3/25 Arms Act and Case Crime No.193 of 2023, under sections 392, 411, 120-B, IPC, the applicant was enlarged on bail by the court below, vide orders dated 20.07.2023 and 07.07.2023, respectively. Copy of bail orders are annexed as annexure nos.3 and 4 to the affidavit filed in support of bail application. Applicant has no criminal history prior to the aforesaid cases. Alleged recovery of one motorcycle and and Rs.230/- cash was false and planted by the police and there are no independent/public witness of alleged recovery. Case is triable by Magistrate. The applicant is languishing in jail since 27.06.2023 having no previous criminal history and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above mentioned facts.

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Considering the facts and circumstances of the case and taking into account that applicant has no previous history, case is triable by Magistrate, there are no independent/public witness of alleged recovery, applicant is languishing in

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jail since 27.06.2023 having no previous criminal history and undertakes that in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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Let applicant Karmveer be released on bail in the above case crime number 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, 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 :- 24.8.2023 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Karmveer v. State of U.P.

Case brief

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Karmveer v. State of U.P.

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