Allahabad High Court
Sukhchain Singh vs State Of U.P. on 18 March, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 3377 of 2021
Applicant :- Sukhchain Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Awasthi,Azmi Yousuf
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed for bail of Sukhchain Singh, involved in Case Crime No.0067 of 2020, under Sections 467, 468, 420, 506 IPC., Police Station Nighasan, District Lakhimpur Khiri.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the applicant is a marginal witness of the said sale deed. He further submits that the present dispute is totally of civil in nature but the informant in order to make undue pressure has filed the criminal proceedings. Learned counsel for the applicant further submits that the applicant is a law abiding person, having no criminal history, languishing in jail since 20.01.2021. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Sukhchain Singh involved in the aforesaid case crime 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 not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. 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.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. 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 CrPC (iv) argument / judgment.
vi. 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 :- 18.3.2021
P.s.
