Premnath Sharma v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37037 of 2023 Applicant :- Premnath Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A Hon'ble Krishan Pahal,J.

¶1List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 356 of 2023, U/S 147, 148, 308, 323, 504, 506 IPC, Police Station Bariya, District Ballia, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for the applicant has stated that the matter has been settled between the parties, as such, the Criminal Misc. Writ Petition No. 13026 of 2023 filed by the applicant has been allowed and the cross FIR has been quashed vide order dated

11.10.2023. Learned counsel has also stated that as such, the matter does not survive but as the applicant is in jail since 4.7.2023 in the present matter, he may be enlarged on bail. It is further stated that there is no criminal history of the applicant. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶5Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant.

¶6Keeping 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, in light of the aforesaid statement and the order of Division Bench of this Court passed in Criminal Misc. Writ Petition No. 13026 of 2023 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.

¶7Let the applicant-Premnath Sharma, 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.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9It 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 :- 13.10.2023 Shalini High Court of Judicature at Allahabad