Ashok Kuumar vs State Of U.P.
2014 Latest Caselaw 6220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23008 of 2014
 

 
Applicant :- Ashok Kuumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anurag Pathak
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Anurag Pathak, counsel for the applicant and Sri Nikhil Chaturvedi, learend AGA appearing for the State.

It has been submitted by the counsel for the applicant that the applicant is a  Salesman in a petrol pump and he has been falsely implicated in the present case due to political enmity. When incident was taken place, the applicant alongwith two other co-accused were arrested and from the joint pointing out the looted money was recovered under a tree which is highly without imagination. A co-accused Pawan has already been granted bail by this Court in Bail Application No. 22694 of 2014. The applicant is in jail since 3.3.2014 and he has no criminal history.

Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts argued by the counsel for the applicant.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Ashok Kumar involved in Case Crime No. 28 of 2014 under Sections  392 and 411  I.P.C, police station Chilkana, district Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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.

Order Date :- 9.9.2014

SKS