Single judge allowed bail application. Court rejected victim's refusal for medical exam as automatic bar. Applicant ordered released on bail with personal bond and two sureties earning subjects 376, 452, 506 IPC with conditions to avoid abuse of liberty.
Applicant released on bail on furnishing personal bond and two heavy local sureties on conditions.
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:206257
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45563 of 2023
Applicant :- Balkishan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
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.
III. In case, the applicant misuses the liberty of bail 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.
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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail under the given circumstances.
Whether the applicant has made out a case for bail.
5 provisions across 2 enactments
Balkishan
Dr. Gautam Chowdhary
As recorded by the court registry
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