Allahabad High Court
Santlal vs State Of U.P. Thru. Prin. Secy. Home Lko. on 1 March, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3170 of 2023 Applicant :- Santlal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vishal Nigam,Sushil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant inF.I.R. No. 551 of 2019, under Sections 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Malihabad, District Lucknow with the prayer to enlarge him on bail.
Learned counsel for the applicant submits that as per the prosecution case, the applicant manufactured the fabricated death certificate of his father for grabbing the property in question. It is further submitted that the property in question was mutated in the name of applicant in the year 1990 on the basis of P.A. 11 report given by the area Lekhpal and, in case, the property was already mutated in the name of applicant, therefore, no question arise for manufacturing a fabricated document. It is also submitted that there is no evidence that the alleged document was fabricated by the applicant. It is vehemently submitted that the charge sheet has been filed and there is no possibility of tampering of any evidence. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who is in jail since 16.01.2023, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that the charge sheet has been filed.
Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail application as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.
Application stands allowed.
Let applicant -Santlal be released on bail in F.I.R. No. 551 of 2019, under Sections 419, 420, 467, 468, 471, 506, 120B IPC, Police Station Malihabad, District Lucknow, 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:-
(1) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(2) 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 office or tamper with the evidence.
(3) 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.
(4) 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.
(5) 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.
(6) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.3.2023 VKS