Allahabad High Court
Ramesh Chandra Alias Ramesh Chander ... vs State Of U.P. Thru. Prin. Secy. Civil ... on 7 July, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2274 of 2022 Applicant :- Ramesh Chandra Alias Ramesh Chander Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. Counsel for Applicant :- Mayank Pandey,Akhilesha Nand Pandey,Ravi Kant Counsel for Opposite Party :- G.A.,Shubham Hon'ble Krishan Pahal,J.
Heard Sri Mayank Pandey, learned counsel for the applicant and Sri Shubham Shukla, learned counsel for the Informant as well as Smt. Mamta Pandey, learned AGA for the State and also perused the material placed on record.
By means of the present application, the applicant seeks bail in Case Crime No. 56 of 2021, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station- Ashiyana, District- Lucknow, during the pendency of trial.
Learned counsel for the applicant has stated that in compliance of the order dated 8.3.2022, the amount of Rs.5 lakh has already been deposited by the applicant in the court below, therefore, the applicant is entitled for regular bail.
Sri Shubham Shukla, learned counsel for the informant has stated that the applicant has usurped an amount of Rs.27.50 lakhs in all. Learned counsel, however, has nothing to say about the said order dated 8.3.2022 but he has stated that the amount of Rs.22.5 lakhs towards the applicant is still pending.
Smt. Mamta Pandey, learned AGA has fairly conceded the fact that the order dated 8.3.2022 of this Court has been complied with.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Ramesh Chandra Alias Ramesh Chander Yadav, who is involved in the aforementioned case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The Court below is directed to release the amount of Rs.5 lakhs deposited by the applicant in favour of the informant.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 7.7.2022 Siddhant