Brijesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko
Case brief
What is this about?
Bail granted; forgery/cheating/extortion/conspiracy cluster (Sections 419, 420, 467, 468, 471, 120-B, 386, 506 IPC) plus Section 7A P.C.Act (Prevention of Corruption Act); Case Crime No.0046 of 2022, P.S. S.I.T., Lucknow; alleged placement of document no.8360 before Sub Registrar Sadar Gonda; threat and extortion demand from complainant; applicant a practicing lawyer of civil court Gonda; charge-sheet 12.6.2024 with trial not commenced; incarceration since 24.10.2022; prima facie ingredients found missing; reliance on Javed Gulam Nabi Shaikh v. State of Maharashtra (Cri. App. No.2787 of 2024); parity with co-accused Anil Kumar Singh @ Anil Singh (BA No.8865 of 2024, 3.10.2024); criminal history 51 cases; personal bond and two sureties; conditions referencing Section 229-A IPC, Section 82 Cr.P.C., Section 174-A IPC; A.G.A. opposed bail prayer.
What did the court decide?
Applicant Brijesh Kumar Awasthi to be released on bail in Case Crime No.0046 of 2022 subject to furnishing a personal bond and two reliable sureties each in the like amount, with conditions: (i) not tampering with evidence; (ii) not pressurising/intimidating prosecution witnesses; (iii) no inducement/threat/promise to dissuade disclosure of facts; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, failing which trial court may treat it as abuse of bail liberty; (v) remaining present on each date fixed personally or through counsel, failing which trial court may proceed under Section 229-A IPC; (vi) on misuse of bail liberty and issuance of proclamation under Section 82 Cr.P.C. followed by failure to appear, proceedings under Section 174-A IPC.