Allahabad High Court
Anshul vs State Of U.P. Thru. Prin. Secy. Home Lko. on 6 April, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3459 of 2022 Applicant :- Anshul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sandhya Devi,Ajai Kumar Singh,Shobhit Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Smt. Sandhya Devi, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 539 of 2021, U/S 457, 380, 411 IPC, Police Station Kotwali City, District Hardoi, during the pendency of trial.
As per prosecution story, theft was committed in the house of the first informant in the night of 2/3.6.2021 and an FIR was lodged against unknown persons.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that applicant was arrested by police on 14.6.2021 at 8.10 am alongwith two other persons and L.E.D. TV, one remote and one set-top box are said to have been recovered in addition to 25 stainless steel glasses at the pointing out of the applicant. She has further stated that the applicant has no previous criminal history. In all, three cases have been foisted on him at the time of his arrest in the present matter. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 14.6.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the fact of no previous criminal history.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and 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 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- Anshul, who is involved in aforementioned case crime number 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.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 6.4.2022 Shalini