Allahabad High Court
Shri Ram vs State Of U.P. Thru. Prin. Secy. Home Lko. on 28 January, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1404 of 2023 Applicant :- Shri Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.64 of 2022, under Sections 420, 467, 468, 471, 447, 353, 506 I.P.C. and Section 3/4 Sarvajanik Sampatti Nivaran Adhiniyam, Police Station - Asiwan, District - Unnao, with the prayer to enlarge him on bail.
Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 19.11.2022. He further submitted that dispute related to the plot in question is pending in Civil Court in Regular Suit No.689/2021 filed by the applicant, in which, stay order was passed by the Civil Judge, Junior Division, North, Unnao on 12.7.2022. He further submitted that applicant does not have any criminal antecedent and charge-sheet has already been filed in the case and all the offences are triable by Magistrate. He further submitted that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail and submitted that applicant encroached the gram samaj land and also executed sale deed in the year 2014 and also applied for mutation and in the mutation proceeding, objection is filed by Lekhpal, which is still pending, but he does not dispute this fact the charge sheet has already been filed.
Considering the rival submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence and Regular Suit No.689/2021, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Shri Ram - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) 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.
(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 IPC.
(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., 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.
(iv) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.1.2023 Gaurav/-