Allahabad High Court
Surya Prakash Chaubey vs State Of U.P. on 16 March, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
RESERVED ON 13.3.2023
DELIVERED ON 16.3.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57428 of 2022
Applicant :- Surya Prakash Chaubey
Opposite Party :- State of U.P.
Counsel for Applicant :- Sheikh Moazzam Inam,Suresh Chandra Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri Pankaj Srivastava, learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Surya Prakash Chaubey, with a prayer to release him on bail in Case Crime No. 215 of 2022, under Sections 419, 420, 467, 468, 471, 406, 120-B IPC Police Station Bhelupur, District- Varanasi, during pendency of trial.
There is allegation in the First Information Report that Bhinga Raj Anayathalaya Trust is looked after by a managing committee.
Learned counsel for the applicant has submitted that the City Magistrate, Varanasi is the ex-officio member of the aforesaid trust..He was interested in selling the property of the trust by taking over management. He was trying to bypass the managing committee of the trust and applicant approached this court by writ petition no. 4707 of 2006 and got the order of status quo regarding management of the society. Again similar attempt was made by the City Magistrate and Writ Petition no. 36924 of 2007 was filed by the trust and stay the order dated 20.3.2006 passed by Principal Secretary of State, appointing a committee to look after the trust was stayed. Number of litigations regarding dispute regarding management of trust was brought to this court and ultimately First Information Report was lodged by rivals of the committee of the trust against the applicant.
Learned counsel for the applicant has submitted that earlier applicant was enlarged on bail in two cases of similar nature and now he has been implicated for the third time on the same allegations.,He was earlier enlarged on bail by this court in bail application nos. 38327 of 2022 and 5301 of 2021.Only to prevent the applicant from coming out of jail, this First Information Report has been lodged without any date and time of the offence mentioned in the First Information Report.The applicant is in jail since 19.5.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the 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; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 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.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. 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.
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
In case the trial has commenced, the trial court will conclude the same within a period one year as per section 309 Cr.P.C.
Registrar (Compliance) of this Court is directed to communicate this order to the trial court within one week.
Order Date :- 16.3.2023
Atul kr. sri.
