In a bail application under Section 364-A IPC, the High Court granted release on bail with two heavy sureties. The court imposed strict conditions regarding attendance, adjournments, and specific trial stages, noting prima facie satisfaction of the charge.
Release on bail with personal bond and two heavy sureties; trial to be concluded within six months.
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.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8335 of 2023
Applicant :- Rakesh @ Abba Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and in pursuance of the same, he was arrested on 20.8.2016 and the trial is in progress. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has other reported criminal antecedent, which have been explained in paragraph no.9 of the affidavit accompanying this bail application. The applicant is in jail since 20.8.2016.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Rakesh @ Abba involved in Case Crime No.166 of 2012 (S.T. No.56/2013), under Section 364-A I.P.C., Police Station Karhal, District Mainpuri be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following condition:-
(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.
(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 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.
(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.
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.
Order Date :- 13.4.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant despite prior antecedents and non-appearance in proceeding with a bond and sureties.
Whether the accused should be directed to be present for specific trial stages including framing of charge and recording of statement under Section 313 Cr.P.C.
5 provisions across 2 enactments
Rakesh @ Abba
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
