Saijan v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42650 of 2023 Applicant :- Saijan Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey,Phool Chandra Saroj Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Chandra Prakash Pandey, learned counsel for the applicant as well as Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 190 of 2023, U/S 394, 411 IPC, Police Station Rakabganj, District Agra, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated. The FIR was instituted against three unknown persons. The name of the applicant has come up later on during his arrest. The said confessional statement before the police is not admissible under the Indian Evidence Act. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 7.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶5Learned counsel has placed much reliance on the judgement of the Apex Court in the case of Venkatesh alias Chandra vs. State of Karnataka, AIROnline 2022 SC 595, whereby it is categorically stated that the recovery under Section 27 of the Indian Evidence Act is not a mere formality and the statement made thereupon to the police personnel, is not admissible against him.

¶6Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant.

¶7Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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.

¶8Let the applicant-Saijan, who is involved in aforementioned case crime 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 file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) 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., may be issued and if 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 IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 12.10.2023\Shalini High Court of Judicature at Allahabad