Allahabad High Court
Avdhesh Kumar Jaiswal vs State Of U.P. And 2 Others on 8 April, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7807 of 2021
Applicant :- Avdhesh Kumar Jaiswal
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Sunil Kumar Chaudhari,Anwar Hussain
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Order on Criminal Misc.Recall Application No. 01 of 2021
This recall application has been filed praying for recall of theorder dated 15.03.2021 passed by this Court on theground that charge sheet has already beensubmittedagainst the applicant and, therefore, the direction forenlarging the applicant on bail for a limited period or till the submission of police report has wrongly been transcribed in the order.
Learned counsel forthe applicant has submitted that from the material collected by theInvestigating Officer, the offenceallegedagainst the applicant isnot made out. Three statements of the victim under Section 164 Cr.P.C has been recorded which are not in consonance. The prosecution case is not reliable. The applicant has beenfalsely implicated in this case on account of ulterior motives. He is willing to cooperate with the trial.
In view of the above the order dated 15.03.2021 is recalled and the following order is passed:-
"In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
3. 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 her from disclosing such facts to the Court or to any police officer;
4. 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.
5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and the Government Advocate/informant/complainant can file bail cancellation application.
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.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
Order Date :- 8.4.2021
Rohit
