Sadhusaran Vs State of U.P. Thru. Its Prin.Secy. Deptt. of Home

Neutral Citation No. - 2024:AHC-LKO:47001

Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7380 of 2024 Applicant :- Sadhusaran Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home Counsel for Applicant :- Alok Kumar,Vijay Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.137 of 2024, under Sections 420, 467, 468, 471 I.P.C., P.S. Safdarganj, District Barabanki.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that there is no cogent piece of evidence so as to connect the present applicant with the instant matter. In fact, the applicant is not beneficiary of the registered sale agreement, which is said to be executed by the applicant while committing fraud. Charge sheet has been filed in the present case. There is no previous criminal history of the applicant which has been explained in para 25 of the affidavit filed in support of the application. The applicant is a law abiding citizen, who is languishing in jail since 7.4.2024. He submits that in case, the applicant is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.

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Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that there are specific allegation in the F.I.R. that after obtaining consideration of amount of Rs.50,000/-, the application has executed the sale agreement though he is not owner of the property in dispute. The applicant is named in the F.I.R. and after thorough investigation, it was found that he was involved in the offence, as such, he is not entitled to be released on bail.

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Having heard the learned counsel for the parties and after perusal of record, it is evident that the applicant has no previous criminal history, which has been explained in para 25 of the affidavit filed in support of the application; prima facie, there is no cogent piece of evidence so as to connect the present application with the instant matter; the applicant is a law abiding citizen; and the applicant is languishing in jail since 7.4.2024.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Sadhusaran involved in the aforementioned 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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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(3) 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 10.7.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sadhusaran v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home

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Sadhusaran v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home

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