Allowed

Pradeep Kumar @ Shekhar v. State of U.P.

Allahabad HC13 Mar 2023BAIL/53838/2022

Case brief

AI extract

What is this about?

This bail application was disposed of allowing release on personal bond with two heavy sureties amidst conditions expediting the trial within six months, referencing Article 21 and bail jurisprudence.

What did the court decide?

Release on bail by furnishing personal bond with two heavy sureties, one being a family member, subject to conditions regarding appearance, no adjournment, and expedited trial.

Pradeep Kumar @ Shekhar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53838 of 2022

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Applicant :- Pradeep Kumar @ Shekhar Opposite Party :- State of U.P. Counsel for Applicant :- Shambhavi Nandan,Kuldeep Kumar Dube

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that if the applicant is released on bail he will return back the money to the victim. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that applicant is languishing in jail since 1.11.2022 having no previous criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Pradeep Kumar alias Shekhar, involved in Case Crime No. 172 of 2018, under Sections 406, 419, 420, 504, 506 I.P.C., Police Station Chandwak, District Jaunpur be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount, one of which shall be of his family member, to the satisfaction of the 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 13.3.2023

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Pradeep Kumar @ Shekhar v. State of U.P.

Case brief

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Pradeep Kumar @ Shekhar v. State of U.P.

Case brief

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