Allowed

Akash Jaiswal v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Allahabad HC11 Jan 2024/2199/2023

Case brief

AI extract

What is this about?

Criminal Appeal allowed; Special Judge SC/ST Act order rejecting bail set aside. Accused Akash Jaiswal released on bail with personal bond and sureties subject to conditions regarding attendance and non-abuse of liberty.

What did the court decide?

Bail granted on personal bond and two reliable sureties subject to conditions regarding court attendance and prohibition of misuse of liberty.

Akash Jaiswal Vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3276

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 2199 of 2023 Appellant :- Akash Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Appellant :- Niyaj Ahmad Counsel for Respondent :- G.A.,Ghulam Mohammad Kamil

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Hon'ble Rajeev Singh,J.

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Counter affidavit filed by learned A.G.A. for the State is taken on record.

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Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel appearing for the complainant.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 10.7.2023 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 697 of 2023 arising out of F.I.R. No. 135 of 2023, under Sections 304, 336 I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Baskhari District Ambedkar Nagar.

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Learned counsel for the appellant submits that appellant has been falsely implicated in the present case only being brother of Pankaj Jaiswal. He further submits that as per the prosecution story, vehicle in question was driven by Pankaj Jaiswal but all these facts were not considered by the court below at the time of rejecting the bail application of the appellant. It is, thus, submitted that appellant, who is in jail since 30.04.2023, is entitled for bail and the impugned order is liable to be set aside.

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Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer of the appellant and submit that there was a common intention of all the accused persons but they do not dispute the fact that alleged vehicle in question was driven by Pankaj Jaiswal.

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Considering the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the appeal, impugned order, F.I.R. as well as other relevant documents, it is evident that as the vehicle in question was driven by Pankaj Jaiswal for picking and dropping some article and dispute was taken place in between Mahendra and Pankaj Jaiswal.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Order dated 10.7.2023 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 697 of 2023 arising out of F.I.R. No. 135 of 2023, under Sections 304, 336 I.P.C. I.P.C. and Section 3(2)(v) of SC/ST Act, P.S. Baskhari District Ambedkar Nagar, is hereby set aside.

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Let appellant-applicant, Akash Jaiswal , be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall file an undertaking to the effect that he will 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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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their 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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(iii) In case, the appellant 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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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for 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.

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Order Date :- 11.1.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Akash Jaiswal v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Akash Jaiswal v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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