Allahabad High Court
Arun Sharma vs State Of U.P. And Another on 15 March, 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. - 4892 of 2020
Applicant :- Arun Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kapil Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
List has been revised.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Arun Sharma,with a prayer to release him on bail in Case Crime No.455 of 2019, under Sections -498A, 352, 504, 377 I.P.C. and 3/4 D.P. Act, Police Station -Gajraula, District -Amroha during pendency of trial.
By the order dated 19.10.2020, the interim anticipatory bail was granted to the applicant. Neither counter affidavit has been filed nor anyone has put in appearance on behalf of the informant.
Accordingly, the anticipatory bail application is allowed.
For the reasons given in the earlier order dated 19.10.2020,it is provided that 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 him 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 misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case ofSushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
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 :- 15.3.2021
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