Allahabad High Court
Nitish Kumar Rai vs State Of U.P. on 10 August, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:163245 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35230 of 2023 Applicant :- Nitish Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application for bail has been filed seeking bail in Case Crime No.546 of 2023, under sections 419, 420, 467, 468, 471 IPC and Section 6/10 U.P. Public Examination Act, Police Station Chakeri, District Kanpur Nagar.
Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motive. Though the named accused person Rakesh Kumar Bhartiya appeared in the examination held by UPSSSC, Lucknow but his photograph scanned on the admit card does not match with the photograph scanned on AADHAR, therefore, he was allowed by the Principal, Vidhya Niketan Inter College, Kanpur Nagar to appear in the examination conditionally. However, his identity was found to be suspicious. Upon inquiry, the applicant told his name to be Nitish Kumar Rai.
Learned counsel for the accused-applicant has submitted that the applicant was not named in the first information report. His name surfaced firstly in the statement of informant recorded under section 161 Cr.P.C. There is no evidence collected during investigation which may connect the applicant in commission of the offence in this case. It is further submitted that applicant has no previous criminal history apart from present case. The applicant is languishing in jail since 29.06.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above mentioned facts.
Considering the facts and circumstances of the case and taking into account that applicant was not named in the FIR and his name surfaced in the statement of informant recorded under section 161 Cr.P.C, applicant has no previous criminal history apart from present case which is disclosed in para 8 of the affidavit filed in support of bail application, applicant is languishing in jail since 29.06.2023 and he undertakes that in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Nitish Kumar Rai be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with 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.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 10.8.2023 Vikram