Fourth bail application of Babban Khan in a cheating case. The Court granted bail noting the trial court's failure to conclude trial expediently despite prior orders to do so, releasing him on personal bond and two sureties subject to conditions.
Applicant released on bail on furnishing personal bond and two reliable sureties.
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Neutral Citation No. - 2024:AHC-LKO:66322
Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7858 of 2024
Applicant :- Babban Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Counsel for Applicant :- Indu Prakash Singh,Aradhana Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
expeditiously without giving any unnecessary adjournment to either of the parties. But till today, only charge has been framed and not even a single witness has been examined by the trial court. As the applicant is in jail since 28.08.2022 and he is ready to cooperate in the trial proceeding, therefore, I am of the view that the applicant is entitled to be released on bail.
(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.
(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.
(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.
(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.
(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.
(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.
ground for cancellation of bail.
Order Date :- 24.9.2024 V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail considering delay in trial despite prior admonitions to the trial court.
Whether the ambiguity regarding paragraph numbers in the judgment affects the admissibility of the decision.
Babban Khan
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
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