Allahabad High Court
Pintu Mahra @ Amit vs State Of U.P. on 20 March, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10057 of 2023
Applicant :- Pintu Mahra @ Amit
Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Srivastava,Shivajee Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Pintu Mahra @ Amit, with a prayer to release him on bail in Case Crime No. 291 of 2022, under Sections 420,386,506 IPC Police Station Naini, District- Prayagraj, during pendency of trial.
Personal affidavit filed by the learned A.G.A. is taken on record.
On 1.3.2023 Commissioner of Police, Prayagraj was directed to file personal affidavit explaining as to how the applicant managed to commit the crime while he was in jail and in case there was any complicity of the jail authorities and whether the said persons have been investigated or not.
The Commissioner of Police, Prayagraj has filed personal affidavit wherein it has been averred that since the sale transactions and the corresponding threatening calls were made in the year 2017 and the First Information Report was lodged in the year 2022,therefore the call details report could not be made available by the mobile company as the call detail reports are available with the mobile telecom companies only for the period of one year.
Learned counsel for the applicant has submitted that in civil cases compromise has been held between the parties and a compromise deed has been filed before the civil Judge,(J.D.) Allahabad on 5.11.2022. All the sale deeds have been cancelled by the civil Judge on the basis of compromise. The applicant is in jail since 2.7.2016.He has criminal history of 18 cases, which has been explained in paragraph-27 of the affidavit filed in support of the application.
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.Applicant will report his presence before the police station Naini District Allahabad in the first week of every month after he is released on bail and till the conclusion of trial.
2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
3. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. 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;
6. 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.
7. 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.
Order Date :- 20.3.2023
Atul kr. sri.
