Allahabad High Court
Baksheesh Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 9 June, 2022
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5924 of 2022 Applicant :- Baksheesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.57/2022, under Section 413 I.P.C., Police Station-Shivratanganj, District-Amethi with the prayer to enlarge him on bail.
Learned counsel for the applicant submits that the F.I.R. No.57 of 2022 (supra) was lodged against the applicant under Sections 401, 411 I.P.C. and the applicant moved a Bail Application bearing No. 5367 of 2022 before this Court. It is further submitted that vide order dated 26.05.2022, the applicant was enlarged on bail. However, later on the charge sheet was filed in additional section 413 I.P.C. It is also submitted that the bail application moved by the applicant has wrongly been rejected by the court below. It is vehemently submitted that the applicant is also entitled for bail in the additional section 413 I.P.C. In such circumstances, applicant, who is in jail since 08.04.2022, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not object on the point that the bail has been granted to the applicant in the present F.I.R. No. 57 of 2022 (supra) for offence under Section 401,411 I.P.C. vide order dated 26.05.2022 passed by this Court in Bail Application No. 5367 of 2022. He also does not dispute that this bail application has been filed in additional Section 413 I.P.C.
Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R. as well as bail rejection order, it is evident that the applicant has already been granted bail in the present F.I.R. No. 57 of 2022 (supra) by this Court in Bail Application No.5367 of 2022 (annexed as Annexure No.2 with the bail application). It is also evident that later on, Section 413 I.P.C. has been added. In such circumstances, I am of the view that the applicant is entitled to be released on bail.
Application stands allowed.
Let applicant - Baksheesh Kumar be released on bail in Case Crime No.57/2022, under Section 413 I.P.C., Police Station-Shivratanganj, District-Amethi, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 9.6.2022 Akanksha