In a criminal revision, the High Court allowed the bail application of a juvenile accused. It set aside impugned orders rejecting bail and released the accused on bail subject to strict conditions regarding attendance and undertaking not to seek adjournments.
Revisionist released on bail under personal bond with two sureties; impugned orders set aside.
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. - 87
Case :- CRIMINAL REVISION No. - 2254 of 2022
Revisionist :- Juvenile X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
(i) The revisionist 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 revisionist 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 revisionist 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 revisionist 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.
Order Date :- 1.2.2023 Rao/-
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
2 issues framed by the court
Whether the revisionist is entitled to be released on bail pending the trial.
Whether the impugned orders rejecting bail and the bail application are sustainable in law.
4 provisions across 3 enactments
Juvenile X
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
