Ashok vs State Of U.P. And Another
2022 Latest Caselaw 8412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29374 of 2022
 

 
Applicant :- Ashok
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anurag Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for the State.

There is allegation of attempt to murder against the applicant and a complaint case has been filed in this regard.

Counsel for the applicant submits that the FIR was lodged against the applicant in the year 2007 and final report was submitted. After four months a complaint case was filed. The applicant was summoned in the year 2009. Thereafter, the applicant approached this court by way of Criminal Revision No. 590 of 2010 wherein the proceedings were stayed. Now, the applicant has been arrested on 23.05.2022 and his bail application has been rejected by the court below.

Counsel for the applicant also submits that the complaint has been filed on absolutely false allegation. The applicant is aged about 60 years. He is in jail since 23.05.2022 and has no criminal history to his credit.

On the other hand learned A.G.A has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Ashok, involved in Complaint Case No. 378 of 2009, under Section- 307 IPC, Police Station- Dataganj, District- Badaun, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) 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.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 28.7.2022

Rohit