Allahabad High Court
Laxman (Second Bail Application) vs State Of U.P. on 10 November, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- BAIL No. - 1910 of 2020 Applicant :- Laxman (Second Bail Application) Opposite Party :- State of U.P. Counsel for Applicant :- Sampurna Nand Shukla,Anil Kumar Pandey,Pankaj Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
This is second application for bail. The first application for bail was rejected vide order dated 20.01.2020 passed in Bail Application No.615 of 2020 on the ground that the deponent has concealed the fact i.e. the date of the detention of the accused applicant. The first application for bail was not rejected on merit.
Heard learned counsel for the applicant, learned AGA and perused the record.
The applicant has sought for bail in Case Crime No.1027 of 2018, under Sections 147, 148, 149, 323, 302 IPC, Police Station Kotwali Nagar, District Pratapgarh.
Learned counsel for the applicant has submitted that due to typographical error, the date of detention of the accused applicant has wrongly been transcribed and he tenders unconditional and unqualified apology for the same. However, learned counsel for the applicant submits that the applicant has been falsely implicated in the case; he has not committed any offence and the prosecution story is false and fake. It has further been submitted that no specific role has been assigned to the present applicant and out of six accused persons, against whom charge-sheet has been filed, five accused persons namely Barsati, Sohan, Changu, Ankul and Arjun have been granted bail by this Hon'ble Court vide order passed on 02.12.2019 in bail applications No.4377 of 2019 and 6418 of 2019. It has also been submitted that the applicant has no previous criminal history and he is in jail since 24.08.2019. It has also been submitted the charge-sheet has already been filed in the case and thus, there is no possibility of accused applicant influencing the investigation. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but has not contributed the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Laxman be released on bail in aforesaid first information report number on his furnishing a personal bond, provided that the accused/applicant shall also undertake to furnish two reliable sureties required by the Court concerned, within a period of 6 weeks from the date of his/her actual release with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. 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.
4. 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 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.11.2020/VNP/-