Allowed

Amit Kumar Valmiki v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC5 Dec 2024BAIL/8845/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the court allowed bail to the applicant, who was detained in connection with a case involving robbery and cheating. The court observed that the applicant was not specifically named in the F.I.R., had no criminal history, and his co-accused had already been granted bail.

What did the court decide?

Bail allowed; applicant released on furnishing a personal bond and two sureties with specific conditions of appearance and behavior.

Amit Kumar Valmiki Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:81845

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8845 of 2024

¶4

Applicant :- Amit Kumar Valmiki Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajesh Singh Chauhan,J.

¶6

Heard Sri Shailendra Kumar Mishra holding brief of Sri Dheeraj Awasthi, learned counsel for the applicant and Sri Ran Vinay Singh, learned A.G.A. for the State.

¶7

It has been contended by the learned counsel for the applicant that the applicant is in jail since 24.2.2024 in Case Crime No. 61 of 2024 u/s 395, 397, 412 IPC, P.S. Maurawan, District Unnao. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

¶8

Learned counsel has submitted that the applicant is not named in the F.I.R. Only general allegation are there in the F.I.R. Six other co-accused persons have been granted bail by this Court. The bail orders of the coaccused persons have been annexed with this bail application as Annexure no. 3. The criminal history of the applicant has been explained in supplementary affidavit. No incriminating material has been recovered from the applicant. The applicant has no prior criminal history of any kind whatsoever.

¶9

The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

¶10

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶11

Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that applicant is not named in the F.I.R, only general allegation are there in the F.I.R., six other co-accused persons have been granted bail by this Court, the criminal history of the applicant has been explained in supplementary affidavit, no incriminating material has been recovered from the applicant, the applicant has no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

¶12

Bail application is allowed .

¶13

Let the applicant Amit Kumar Valmiki , involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-

¶14

(i) 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 abuse of liberty of bail and pass orders in accordance with law.

¶15

(ii) 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.

¶16

(iii) 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.

¶17

(iv) 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. 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

¶18

treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶19

(v) The applicant shall not leave the country without permission of the Court concerned.

¶20

(Rajesh Singh Chauhan, J.)

¶21

Order Date :- 5.12.2024 Om

¶22

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Amit Kumar Valmiki v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Amit Kumar Valmiki v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rakesh Chandra Misra and Others vs Union of India Thru. Secy. (Finance Banking) Deptt. Financial Service New Delhi and 3 Others

Dr. Sudha Rastogi and 13 Others vs State of U.P. Thru. Prin. Secy. Finance Lko and 2 Others

Jitendra Pal @ Jeetu vs State of U.P. Thru. Addl. Prin. Secy. Deptt. Home Lko. and 3 Others

Chuman Yadav @ Chaman vs State of U.P. and 2 Others

Faiz Ahmad vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Kamlawti Verma vs State of U.P. Thru. Prin. Secy. Home Govt. Lko.