Single judge bench of Allahabad High Court grants bail to Radhey Lohar in an Arms Act case where the applicant alleged false implication. The court imposed strict conditions of attendance and prosecution defence requirements.
Released on personal bond with two reliable sureties each.
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Neutral Citation No. - 2024:AHC-LKO:34725
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10870 of 2022
Applicant :- Radhey Lohar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Rajvanshi,Ajeet Kumar Singh,Anand,Pankaj Shukla,Pintoo,Shashin Srivastava,Vineet Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
By means of the instant bail application, the applicant seeks bail in respect of Case Crime No. 250 of 2022 under Sections 3/5/25 of Arms Act, P.S. Beniganj, District Hardoi.
The submission of the learned counsel for the applicant is that he has been falsely implicated. As per the version of the First Information Report, it is alleged that the police authorities received a tip from an informant that he had information that in a grove of eucalyptus trees, illegal country made arms are being manufactured. The said informant is said to have pointed out the place where the police authorities reached and found that the applicant alone was manufacturing some country made arms. From the relevant site, a number of country made arms and the material utilized for manufacturing the same was confiscated. The applicant is said to have been arrested from the site and has been charged under Sections 3,5 and 25 of the Arms Act.
The further submission is that the applicant by profession is a blacksmith. It is most improbable that such huge quantity of arms would have been manufactured in the open. The recovery as alleged of the arms is planted, however, certain equipments recovered, is naturally available with a person who is a blacksmith to enable him to carry out his work and this has been done to implicate the applicant.
It is further urged that there is no public witness and the applicant has in jail since 23.05.2022. The charge sheet has been filed and amongst the seven proposed witnesses, only one witness has been examined yet and in the aforesaid
circumstances, apparently, the trial is not likely to conclude soon and the applicant has already served about two years of incarceration while the maximum punishment for the charged sections is five years.
The learned counsel for the applicant has also stated that he has disclosed his criminal history in paragraph 10 of the affidavit filed in support of the bail application and he has been enlarged in all the said cases.
Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid submissions.
Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Radhey Lohar involved in Case Crime No. 250 of 2022 under Sections 3/5/25 of Arms Act, P.S. Beniganj, District Hardoi be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
At the time of executing required sureties the following conditions shall be imposed in the interest of justice.
(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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.5.2024 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant is entitled to bail in a case under Sections 3, 5, and 25 of the Arms Act considering the allegations of false implication.
Whether the bond conditions imposed by the High Court on release on bail are applicable and enforceable.
Whether the applicant's failure to respond to bail conditions can be treated as abuse of bail and grounds for cancellation.
5 provisions across 3 enactments
Radhey Lohar
State Of U.P. Thru. Prin. Secy. Home Lko.
Jaspreet Singh
As recorded by the court registry
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