Allahabad High Court
Sandeep vs State Of U.P. on 30 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21240 of 2022 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Singh,Atul Tej Kulshrestha Counsel for Opposite Party :- G.A. Hon'ble Chandra Kumar Rai,J.
Heard Sri Atul Tej Kulshrestha, learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Sandeep seeks bail in Case Crime No.390/2021, under Sections 379/411/427/120-B IPC, Section 15/16 of Petroleum and Pipe Line Act, Section 4-A of the Explosive Act, Section 3/4 of the Prevention of Damages to Public Property Act and Section 3/7 of the Essential Commodities Act, P.S. Sarsawa, District Saharanpur.
It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that a false recovery has been set up against the applicant, without associating any public / independent witness. It is also submitted that after the present incident, applicant has also been implicated in several other cases, particulars of which are mentioned in paragraph nos. 15 & 17 of the affidavit, in support of the bail application, in some of the cases, applicant has been granted bail and in the remaining cases, applicant is pursuing the remedy for bail. It is also submitted that co-accused Gurmit @ Kala, who has also been assigned similar / identical allegation qua the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No.18387/2022 on 20.5.2022. It is finally submitted that the applicant is in jail since 11.12.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not dispute the claim on parity of the applicant.
Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail. The bail application is allowed.
Let the applicant involved in aforesaid case be released on bail on 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 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.
(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 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.
(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 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.
Order Date :- 30.5.2022 C.Prakash