Allowed

Akash Alias Kariya v. State of U.P. Thru. Addil. Chief Secy. Home Lko.

Allahabad HC28 Feb 2024/2342/2024

Case brief

AI extract

What is this about?

This is a bail application filed by Akash Alias Kariya challenging false implication in multiple robbery, theft, and Arms Act cases. The court granted bail with personal bond and sureties under various conditions including presence in court and prohibition against tampering with evidence or seeking adjournments.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each, subject to conditions regarding conduct, presence in court, and abstention from tampering with evidence.

Akash Alias Kariya Vs State of U.P. Thru. Addil. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17999

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2342 of 2024 Applicant :- Akash Alias Kariya Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Home Lko. Counsel for Applicant :- Ram Mohan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 79 of 2023 U/s 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Ajgain, DistrictUnnao.

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Learned counsel for the applicant submits that applicant has falsely been implicated in 12 cases by police with the intention to show their good work. He further submits that applicant was implicated in three robbery cases by showing false recovery from his possession and he was also implicated in two cases of theft by showing false recovery, but no identification parade was conducted in any case. He further submits that applicant was implicated in two cases related to Arms Act by showing falsely recovery from his possession. He further submits that in the gang chart, his involvement has been shown in four cases, out of which, two cases are related to robbery, one case is related to theft, and in one case, charge of recovery of stolen property has been shown. He further submits that authorities approved the gang chart in the most casual manner and the trial of the cases is not going on. It is also submitted that co-accused person, namely, Karan Bharti has already been enlarged on bail vide order dated 16.06.2023 passed in Crl. Misc. Bail Application No. 7722 of 2023, hence, appellant is also entitled for bail.

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Learned A.G.A. opposes the prayer for bail, but he does not dispute the fact that co-accused person, namely, Karan Bharti has already been enlarged on bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of bail application, F.I.R., bail order of co-accused person as well as other relevant documents; this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant- Akash Alias Kariya who is involved in

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aforementioned case 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 subject to following conditions.

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 28.2.2024 Arpan

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

Akash Alias Kariya v. State of U.P. Thru. Addil. Chief Secy. Home Lko.

Case brief

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Akash Alias Kariya v. State of U.P. Thru. Addil. Chief Secy. Home Lko.

Case brief

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