Allahabad High Court
Mitthu Yadav And Another vs State Of U.P. on 15 July, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28058 of 2019 Applicant :- Mitthu Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kirshna Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ram Kirshna Yadav, learned counsel for the applicants and Mr. Lalji Maurya, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicants-Mitthu and Balawant with a prayer to enlarge them on bail in Case Crime No. 54 of 2019, under Sections 147, 323 and 365 I.P.C., Police Station-Kashimabad, District-Ghazipur, during the pendency of the trial.
It is argued by learned counsel for the applicant that the applicants were not named in the FIR and their name surfaced during investigation. The FIR has been lodged against four unknown persons with the allegation that on 5.3.2019 at about 1 p.m. four persons laced with fire arms entered into the hotel and forcibly took away the son of informant. It has been argued that the mother of the abducted child works in the hotel. It has been further contended that the abducted child was recovered on the very next date and he has sustained simple injuries. Four persons are alleged to have been there with the abductee. It is argued that applicants alongwith others used to go to hotel where mother of the abducted child worked and they became friendly with the applicants and other co-accused persons and due to some misunderstanding between them, the incident took place and in order to exert pressure, present FIR has been lodged with false and frivolous allegations. It has further been argued by the learned counsel for the applicant that the co-accused Praveen Yadav has already been enlarged on bail by this Bench vide order dated 22nd May, 2019. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is liable to be enlarged on bail. The applicants have no criminal antecedents to their credit except the present one. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 21st June, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicants.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, let the applicants 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 15.7.2019 Sushil/-