Allahabad High Court
Netrapal vs State Of U.P Through Its Principal ... on 18 April, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13303 of 2023 Applicant :- Netrapal Opposite Party :- State Of U.P Through Its Principal Secretary(Home) At Lko. Counsel for Applicant :- Narendra Kumar Singh,Jitendra Kumar Mishra 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 under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.02 of 2022 under Sections 420, 467, 468, 471 and 472 IPC, Police Station G.R.P. Kasganj, District Kasganj.
Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. He further submitted that the documents/papers recovered from the possession of the applicant were fake and the same were prepared by the police itself only to implicate the applicant in the present case. It is submitted that the name of the applicant is Ajay N.P. Singh and in the village where he resides, the villagers called him Netrapal. The applicant has not prepared any documents/papers by concealing his name. There is no independent witness to the incident. Criminal history of the applicant has been duly explained in the affidavit accompanying the bail application. The applicant is languishing in jail since 2.3.2022 and in case he is enlarged 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 dispute the aforesaid facts.
Considering the facts and circumstances of the case and also the submissions as made by the learned counsel for the applicant, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Netrapal 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.
Order Date :- 18.4.2023 Kuldeep