Allowed

Sheshpal v. State of U.P.

Allahabad HC9 Aug 2023BAIL/6714/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a bail application filed by Sheshpal. He was not named in the FIR, no incriminating material was recovered from him, and the case is triable by a Magistrate. The judgment imposes several conditions on his release.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to seven specific conditions including attendance requirements and prohibitions on disposing of surety properties.

Sheshpal Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:160893

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6714 of 2023

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Applicant :- Sheshpal Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Singh,Satendra Singh,Sushma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Mr. Dharmendra Singh, 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. 682 of 2022 under Sections 406, 420 I.P.C. Police StationSirsaganj, District-Firozabad 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 further submitted that the applicant was not named in the F.I.R. and his name surfaced during the course of investigation when he was already languishing in jail in another case. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is next submitted that applicant has criminal history of 21 cases which has been well explained by way of rejoinder affidavit and the affidavit filed in support of the bail application. It is lastly contended that the applicant is languishing in jail since 17.11.2022 and if he is granted the liberty of bail, he will not misuse the same and shall co-operate with the trial.

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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 named in the F.I.R., nothing incriminating has been recovered from his possession, case is triable by Magistrate 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 Sheshpal 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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(vii) If the applicant is found involved in any other case of the like nature, the present bail order shall automatically stand cancelled and the court concerned shall be at liberty to take appropriate action in accordance with law.

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(Renu Agarwal,J.)

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Order Date :- 9.8.2023

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Karan

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

Sheshpal v. State of U.P.

Case brief

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Sheshpal v. State of U.P.

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