Allahabad High Court
Awadhesh vs State Of U.P. on 2 January, 2023
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24613 of 2021 Applicant :- Awadhesh Opposite Party :- State of U.P. Counsel for Applicant :- Vimlesh Gautam,Ajay Kumar Pathak,Raj Kumar Gautam,Subhash Chandra Raghav Counsel for Opposite Party :- G.A.,Prakash Kumar Shrivastava,Uma Datta Tripathi Hon'ble Dr. Gautam Chowdhary,J.
Heard Mr. Subhash Chandra Raghav, learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Awadhesh, with a prayer to release him on bail in Case Crime No.24 of 2021, under Sections 354C, 506, 509, 376 I.P.C. and 67A I.T. Act, Police Station- Hasayan, District- Hathras, during pendency of trial.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the applicant submits that there was some dispute between the parties regarding the rent of the house, to which the applicant has falsely been implicated in the present case with the collusion of concerned police as well as informant. It is next submitted that during the course of investigation, P.W.-1 turned hostile. It is next submitted that applicant has no criminal history except the present one and he is languishing in jail since 09.03.2021 and in case, he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that co-accused has already been enlarged on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and coupled with the fact that co-accused has already been enlarged on bail and coupled with the fact that P.W.-1 turned hostile and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant- Awadhesh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
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 :- 2.1.2023 Sachin/-