Allahabad High Court
Dharmendra Alias Dharma vs State Of U.P.And 3 Others on 27 July, 2022
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27092 of 2022 Applicant :- Dharmendra Alias Dharma Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.,Bratendra Singh Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned counsel for first informant and learned AGA for the State and perused the record.
Applicant- Dharmendra Alias Dharma seeks bail in Case Crime No. 136 of 2014, under Section 363, 366, 376D, 323, 120-B, 506 IPC and 4 POCSO Act., P.S. Awagarh, District- Etah.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant was granted bail by court below vide order dated 3.4.2015. Consequent to the bail order, he continued to remain on bail till 20.11.2021 and cooperated in the trial by all means, however, the trial could not be concluded. Subsequently on account of spike in Covid-19, he could not appear before trial court after 20.11.2021, as such N.B.W. was issued against him and the bail was cancelled. Consequent to the said order dated 20.11.2021, the applicant was taken in the custody on 18.5.2022 and since then for a period of more than two months he has been in jail but the trial has not been concluded. Learned counsel for the applicant undertakes that henceforth the applicant shall appear on each and every date fixed by the trial court for recording the evidence and will cooperate in trial by all means and a such primafaice a case for bail is made out.
Per contra, learned AGA as well as learned counsel for first informant has opposed the prayer for bail, but could not dispute the aforesaid facts.
Having considered the rival submissions made by learned counsel for both the parties and taking into consideration the fact that the applicant was granted bail by court below vide order dated 3.4.2015. Consequent to the bail order, he continued to remain on bail till 20.11.2021 and cooperated in the trial by all means, however, the trial could not be concluded. Subsequently on account of spike in Covid-19, he could not appear before trial court after 20.11.2021, as such N.B.W. was issued against him and the bail was cancelled. Consequent to the said order dated 20.11.2021, the applicant was taken in the custody on 18.5.2022 and since then for a period of more than two months he has been in jail but the trial has not been concluded. Learned counsel for the applicant undertakes that henceforth the applicant shall appear on each and every date fixed by the trial court for recording the evidence and will cooperate in trial by all means. In the backdrop of the said circumstances, I am of the view that prima facie a case for bail is made out.
Let applicant- Dharmendra Alias Dharma be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to 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 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.
(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 IPC.
(3). 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. 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 IPC.
(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, 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 27.7.2022 R