Allahabad High Court
Raju vs State Of U.P. on 10 August, 2021
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 8436 of 2021 Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
The accused-applicant is involved in F.I.R. No.486 of 2020, under Sections 457, 380, 459 IPC, P.S. Nigohan, District Lucknow.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. He has not committed any offence. His name has come into light in the confessional statement of co-accused Amber, who has been arrested on spot, however, the applicant has not been arrested on the spot. It is further submitted that Amber has already been granted bail by a co-ordinate Bench vide order dated 24.05.2021 passed in Bail No.4737 of 2021.
It is also submitted that the other co-accused person namely Sobaran has also been granted bail vide order dated 02.08.2021 passed in Bail No.8089 of 2021.
There is no criminal history of the present applicant. He is languishing in jail since 17.06.2021. After investigation, charge sheet has been filed on 18.06.2021. It is submitted that there is no apprehension of the applicant influencing the witness, tampering the evidence or fleeing from judicial process. In case he is released on bail, he undertakes to abide by all the conditions and not to misuse the liberty of bail.
Learned Additional Government Advocate has opposed the prayer for bail but has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the fact that co-accused persons who have been on the the spot have already been granted bail and that no apprehension of applicant influencing the witness, tampering the evidence or fleeing from judicial process has been shown by learned Additional Government Advocate during the course of argument, however, without expressing any opinion on merits, this Court finds it a fit case for grant of bail. Thus, the instant bail application is allowed.
Let the applicant Raju be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court below concerned 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 :- 10.8.2021 nishant/-