Uma Shanker Lodhi Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko.

Neutral Citation No. - 2024:AHC-LKO:67774

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13108 of 2023

Applicant :- Uma Shanker Lodhi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko. Counsel for Applicant :- Shyam Karan Pandey,Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary Affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the respondent State.

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This is the second bail application filed by the applicant Uma Shanker Lodhi seeking bail in Case Crime No.116 of 2020 under Section 364, 302 and 201/34 I.P.C., Police Station Purwa, District Unnao. First bail application has been rejected vide order dated 13.10.2022 passed in Criminal Misc. Bail Application No.10729 of 2020 by this Court.

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In the prosecution case, it is alleged that on 12.4.2020 father of the informant went away from home at about 3.00 p.m. with the applicant Uma Shanker Lodhi. It was told that they will come by evening, however, did not return. Neighbour Pinki her husband Sahdeo Sahu and others have seen them together going away from home. Suspicion has been raised that the applicant has abducted the father of the informant.

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Learned counsel for the applicant submits that the applicant is innocent. The case is purely base on circumstantial evidence. The applicant has no criminal history. Inspector Narmdeshwar Tiwari is not cooperating in the trial although summons, bailable warrant and notice under Section 350 Cr.P.C. have been issued. Still 20 witnesses are left to be examined. The applicant is in jail since 14.4.2020. It is alleged that eight prosecution witnesses have been examined including Pinki who has given the last seen evidence. Still lot of witnesses are

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yet to be examined. Trial is not likely to be concluded in near future due to noncooperation of the prosecution. Co-accused Munni Lal Pasi has been enlarged on bail vide order dated 28.2.2024 passed in Criminal Misc Bail Application No.8247 of 2022 by this Court.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Perused the record.

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On due consideration to the submissions advanced, perusal of the record, and the fact that the applicant is languishing in jail since 14.4.2020, fact witnesses have been examined, delay in trial due to prosecution, there is no chance of tempering the evidence, the applicant has no criminal antecedents, so also the judgement of Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another (Criminal Appeal No.2787 of 2024) reported in 2024 SCC OnLine SC 1693 and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed. Let the applicant involved in the aforesaid Case Crime number be released on bail 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with

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the evidence.

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(iv) 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.

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(v) 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.

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(vi) 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.

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Order Date :- 24.9.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Uma Shanker Lodhi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko.

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Uma Shanker Lodhi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko.

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