Allahabad High Court
Ramendra vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 29 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6936 of 2022 Applicant :- Ramendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Raghunath Prasad Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.255 of 2021, under Section 2/3 U.P. Gangster Act, Police Station - Mailani, District - Lakhimpur Kheri, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, he is having no criminal antecedent and is in jail since 06.07.2021. He has further submitted that the applicant has been implicated on the basis of single case in which he has been granted bail vide order dated 24.06.2021 passed in Bail Application No.2446 of 2021 (Ramendra Vs. State of U.P.).
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Ramendra, be released on bail in the aforesaid F.I.R./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 following additional conditions, which are being imposed in the interest of justice:-
(1) 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.
(2) 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.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 29.6.2022 Krishna*