Allahabad High Court
Satish vs State Of U.P. on 11 November, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48058 of 2019 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashish Mishra, learned counsel for the applicant, Sri O.P. Singh, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ? Satish with a prayer to enlarge him on bail in Case Crime No.842 of 2019, under Section 364-A I.P.C., Police Station Kotwali Shamli, District Shamli.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the FIR was lodged against unknown person by informant Pradeep Kumar Bansal on 22.05.2019 for the incident dated 21.10.2019 at about 8.00 a.m. regarding missing of his nephew, namely, Aviral Bansal, 22 yeas old. The informant searched for him, but when he could not be traced, the present FIR has been lodged. During course of investigation on 22.05.2019 when the police was on its duty maintaining law and order and were searching, they received information from the informant on which on the basis of suspicion, the accused Babbu @ Mohit @ Ashu, Harendra Kashyap and Satish were arrested. The mobile phone, school i.d. card, aadhar card, pan card of Aviral Bansal were recovered from co-accused Babbu @ Mohit @ Ashu. On the information of the arrested persons, the child was recovered. The statement of the child was recorded in which he had stated that the accused Vikas Agrawal was also involved in his abduction. It is argued that Vikas Agrawal has already been granted bail by the court below. It is next argued that nothing has been recovered from the possession of the applicant and there is nothing on record to show the involvement of the applicant in the present case. It has further been argued that the two more cases have been lodged against the applicant. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 23.05.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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 :- 11.11.2019 Anand Sri./-