Allahabad High Court
Kale Pradhan @ Raj Kishor vs State Of U.P. on 19 January, 2021
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 6403 of 2020 Applicant :- Kale Pradhan @ Raj Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Ram Asarey Verma Counsel for Opposite Party :- G.A. Hon'ble Rakesh Srivastava,J.
Heard Sri Ram Asarey Verma, the learned counsel for the applicant and the learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant has been falsely implicated in this case. It has been contended that the applicant has not been named in the FIR and there is no recovery of any incriminating article from the possession of the applicant or at his pointing out. It has been pointed out that co-accused Manoj, Ramesh and Mahendra, who have been ascribed a similar role, have been enlarged on bail in Bail No. 9076 of 2019, Manoj @ Chhotu v. State of U.P., Bail No. 12323 of 2019, Ramesh @ Raju v. State of UP and Bail No. 9108 of 2019, Kishan @ Raju @ Kaliya v. State of UP. Lastly, it is contended that the applicant has no criminal history and he is languishing in jail since 24.02.2019. The counsel contends that there is no possibility of the applicant fleeing from judicial custody or tampering with the witnesses. The counsel assures the Court that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Kale Pradhan alias Raj Kishor, involved in Case Crime No. 67 of 2018, under Sections 396, 412, 34 IPC, Police Station Malihabad, District Lucknow 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:-
(i) The applicant shall file an undertaking to the effect that he would 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
(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.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC 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.
(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 CrPC. 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.
Order Date :- 19.1.2021 Pradeep/-