Allowed

Shivnarayan Bharti and Another v. State of U.P.

Allahabad HC7 Apr 2023BAIL/8284/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Shivnarayan Bharti and Ashwani Kumar accused in an estafette case under IPC Sections 419, 420, and 386. The court imposed conditions regarding attendance, no abuse of process, and strict adherence to trial dates, with provisional respondents.

What did the court decide?

Release on bail via personal bond with two heavy sureties each, one being a family member.

Shivnarayan Bharti and Another Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8284 of 2023

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Applicant :- Shivnarayan Bharti And Another Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed on behalf of applicant is taken on record.

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

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It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 26.12.2022. It has been pointed out that the applicants criminal history of the applicants have been explained in para 3 of the supplementary affidavit.

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

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Considering the nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tempering of witnesses and other relevant aspects, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

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Let the applicants Shivnarayan Bharti and Ashwani Kumar, involved in Case Crime No.392 of 2022, under Sections 419, 420, 386 I.P.C., Police Station Kurara, District Hamirpur be released on bail on his furnishing a personal bond with two heavy sureties each, one should be of family member in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 them 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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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 :- 7.4.2023 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Shivnarayan Bharti and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivnarayan Bharti and Another v. State of U.P.

Case brief

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What did the court decide?

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