Allowed¶12

Salman @ Abhisekh v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC23 Nov 2024/12230/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Criminal Misc. Bail Application No.12230 of 2024; decided 23.11.2024 by Rajesh Singh Chauhan, J.; bail allowed to Salman @ Abhisekh (described as Salman @ Abhishek in the release direction) in Case Crime No.0261/2024, Sections 137(2) and 87 B.N.S. 2023, P.S. Aasivan, District Unnao; prosecutrix's Section 180 B.N.S.S. 2023 statement did not implicate the applicant; charge sheet filed; custody since 21.09.2024; release on personal bond with two sureties; bail conditions referencing Sections 269 and 208 B.N.S. 2023 and Sections 84 and 351 B.N.S.S. 2023.

What did the court decide?

Bail granted: applicant to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (i)-(iv) of the order. ¶12

Salman @ Abhisekh Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: applicant to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (i)-(iv) of the order.

¶12

Issue for consideration

Whether the applicant, in custody since 21.09.2024 in Case Crime No.0261/2024 under Sections 137(2) and 87 of B.N.S., 2023, should be enlarged on bail.

¶12

Court's answer

Without entering into or expressing any opinion on the merits, the court considered that the applicant remained in judicial custody till completion of the investigation, the statement of the prosecutrix, and the applicant's undertaking to cooperate in the trial and not misuse the liberty of bail, and found it a fit case for bail, allowing the bail application.

¶12

Ratio / Principle

The applicant was directed to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to four conditions: an undertaking not to seek adjournments when witnesses are present; presence on dates fixed personally or through counsel, absence without sufficient cause inviting action under Section 269 B.N.S. 2023; misuse of bail triggering proclamation under Section 84 B.N.S.S. 2023 and proceedings under Section 208 B.N.S. 2023; and personal presence at opening of the case, framing of charge and recording of statement under Section 351 B.N.S.S. 2023.

¶13

Detailed headnote1 paragraphs

Criminal Misc. Bail Application allowed — High Court of Judicature at Allahabad, Lucknow Bench (Rajesh Singh Chauhan, J.), Order dated 23.11.2024 — Applicant Salman @ Abhisekh in custody since 21.09.2024 in Case Crime No.0261/2024 under Sections 137(2) and 87, B.N.S. 2023, P.S. Aasivan, District Unnao — Prosecutrix's statement recorded under Section 180, B.N.S.S. 2023 (Annexure No.3) contained no allegation against the applicant, she having stated she had gone to Lucknow without intimating her parents as she was annoyed with them — Charge sheet filed; no previous criminal history; Additional Government Advocate did not dispute these submissions — Bail allowed without expressing any opinion on merits, considering custody during completed investigation, the prosecutrix's statement and the applicant's undertaking — Release on personal bond and two sureties each in like amount, with conditions: undertaking against seeking adjournments when witnesses are present; presence on fixed dates, default actionable under S.269, B.N.S. 2023; misuse of bail attracting proclamation under S.84, B.N.S.S. 2023 and proceedings under S.208, B.N.S. 2023; personal presence at opening of case, framing of charge and statement under S.351, B.N.S.S. 2023.

¶1

Neutral Citation No. - 2024:AHC-LKO:77696

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12230 of 2024

¶4

Applicant :- Salman @ Abhisekh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Suman Diwakar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajesh Singh Chauhan,J.

¶6

Heard Ms Suman Diwakar, learned counsel for the applicant and Shri Anand Pratap Singh, learned Additional Government Advocate for the State.

¶7

As per learned counsel for the applicant, the present applicant is languishing in jail since 21.09.2024 in Case Crime No.0261/2024, under Sections 137 (2), 87 of B.N.S., 2023, Police Station - Aasivan, District - Unnao.

¶8

Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. Attention has been drawn towards Annexure No.3 recorded under Section 180 of B.N.S.S., 2023, which is the statement being given by the prosecutrix wherein she has not leveled any allegation against the present applicant. She has stated that since she was annoyed with her parents, therefore, she had gone to Lucknow without intimating her parents. Learned counsel for the applicant has submitted that since the prosecutrix has been recovered and has not leveled any allegation against the applicant, therefore, he may be enlarged on bail. The present applicant has no previous criminal history and the charge sheet has been submitted in the case.

¶9

Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.

¶10

Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant.

¶11

Therefore, without entering into the merits of the issue and

¶12

considering the fact that present applicant remained in judicial custody till completion of the investigation, particularly considering the statement of the prosecutrix and the undertaking of the applicant that he shall co-operate in the trial proceedings and shall not misuse the liberty of the bail and, without expressing any opinion on merits of the case, I find it a fit case for bail. Accordingly, the bail application is allowed.

¶13

Let the applicant (Salman @ Abhishek) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

¶14

(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.

¶15

(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 269 of the B.N.S., 2023.

¶16

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 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 208 of the B.N.S., 2023.

¶17

(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 351 of B.N.S.S., 2023. 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.

¶18

(Rajesh Singh Chauhan,J.)

¶19

Order Date :- 23.11.2024 ML/-

¶20

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Salman @ Abhisekh v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Salman @ Abhisekh v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rangeeta Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Rakesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko

Radhey Shyam Mishra Vs State of U.P. Thru. Prin. Secy. (Home) Lko.

Surendra Kumar Srivastava and 5 Others vs State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Govt. U.P. Lko. and 7 Others

Kirti Sharma and 4 Others vs State of U.P. Thru. Prin. Secy. Harijan and Social Welfare Deptt. Lko. and 3 Others

Santosh Paswan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.