Pyare Lal vs State Of U.P.
2019 Latest Caselaw 4137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19073 of 2019
 

 
Applicant :- Pyare Lal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Virendra Singh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Submission of learned counsel for the applicant is that applicant has been falsely implicated in this case. The FIR was lodged under Sections 406 and 420 IPC on the basis of an application under section 156 (3) Cr.P.C. Further submission is that in this case charge sheet has been submitted against the applicant. The dispute is of civil nature. The applicant is in jail since 05.4.2019. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. vehemently opposed the prayer of bail.

Upon hearing learned counsel for the parties, considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances of the case, at this stage, without commenting on the merits of the case, I find it a case for bail.

Let the applicant Pyare Lal be released on bail in Case Crime No. 222 of 2014, under Sections 406, 420 IPC, P.S. Bisalpur, District Pilibhit, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-

i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 6.5.2019

RCT/-