Angne @ Chhote Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:49181

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3052 of 2024

Applicant :- Angne @ Chhote Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanjay Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has no previous criminal history. There is no police paper, no first information report nor case diary on record of the trial court, which are missing.

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The applicant was arrested by the police of police station Pasgawan, district Kheri in the year 1998. He was produced before the Magistrate. He was granted bail by the trial court. After being released on bail, he went to Haryana to earn livelihood. Due to that, he could not appear before the Court and hence warrants were issued and bail was cancelled. The applicant is in jail since 14.9.2023. Record of the trial court is missing and the applicant is not to be blamed for misplacement of record of the trial court.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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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4. Learned A.G.A. opposed the prayer for bail but could not dispute the fact that the record of the case is missing.

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The A.C.J.M., Court No.3, Lakhimpur Kheri has also submitted

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a report that the prosecution papers, i.e. first information report, Tahrir, nakal rapat, case diary etc. could not have been provided by the prosecution and due to which, delay proceedings are pending.

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5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, earlier the applicant was enlarged on bail, he is in jail since 14.9.2023, records of prosecution are missing, arguments advanced by learned counsel for the parties, and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Angne alias Chhote involved in Case Crime No.358 of 1998 (Case No.2505 of 2021) under sections 399, 402 I.P.C., P.S. Pasgawan, district Lakhimpur Kheri 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 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

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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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7. The application is allowed accordingly.

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Order Date :- 22.7.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Angne @ Chhote v. State of U.P. Thru. Prin. Secy. Home Lko.

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Angne @ Chhote v. State of U.P. Thru. Prin. Secy. Home Lko.

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