Allahabad High Court
Abhishek Kharwar vs State Of U.P. on 19 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50522 of 2022 Applicant :- Abhishek Kharwar Opposite Party :- State of U.P. Counsel for Applicant :- Namit Srivastava,Vijay Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Abhishek Kharwar, with a prayer to release him on bail in Case Crime No. 121 of 2022, registered under Sections 411, 413, 414, 419, 420 IPC, Police Station- Ilia, District- Chandauli, during pendency of trial.
As per prosecution story on 18.09.2022 police of police station Ilia, District Chandauli arrested three accused persons including the applicant and recovered nine motorcycles and the registration number on the plat was changed.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant is the pillion rider of Hero Splender Pro U.P. 67 AE 7326 which was driven by one Pankay Yadav. It is next submitted that co-accused persons, namely, Pankaj Yadav, has enlarged on bail by coordinate Benches of this Court vide order dated 09.11.2022 passed in Criminal Misc. Bail Application No. 48421 of 2022. The case of the applicant stands on better footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 18.09.2022. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of the applicant on the ground that applicant has criminal history of two more criminal cases apart from the present case but it has not been mentioned that the applicant has been convicted in any of those cases.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that co-accused persons, Mohammad Amir and Vakeel, have already been enlarged on bail in similar circumstances as that of the applicant, larger mandate of Article 21 of the Constitution of India, 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, the Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Abhishek Kharwar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
6. 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.11.2022/Arti