The High Court granted bail to an under-trial applicant involved in an offence under Sections 395 and 412 IPC, upholding the principle that bail remains applicable even if implicated sections change, citing jail overcrowding and fundamental rights.
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount.
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.
Neutral Citation No. - 2024:AHC-LKO:76135
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13187 of 2021
Applicant :- Bhagwan Chandra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Bhagwan Chandra Yadav, with a prayer to release him on bail in Case Crime No. 214 of 2021, under Sections 395, 412 IPC, Police Station Jagdishpur, District- Amethi, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant was earlier enlarged on bail for implication under Sections 392, 411, 504, 506 IPC. Subsequently, implication of the applicant was made under Sections 395, 412 IPC in the charge-sheet. Bail application was filed before the court below by the applicant for enlarging him on bail under Sections 395, 412 IPC, which was rejected. Hence the applicant is before this Court again.
Counsel for the applicant has submitted that bail is granted regarding an offence and mere change in Sections of implication does not affects the bail granted earlier to an accused in earlier sections. The applicant is also entitled to bail under the added sections for the reasons given in earlier bail order. He is in jail since 06.6.2021.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.11.2024 Ruchi Agrahari
Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail despite a change in the sections of implication from the earlier order.
Whether the applicant can be released on bail considering overcrowding in jails and fundamental rights under Article 21.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherApplied¶11
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022
4 provisions across 2 enactments
Bhagwan Chandra Yadav
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
