Mangeram v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48957 of 2023 Applicant :- Mangeram Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav,Rakesh Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Shri Ramesh Chandra Yadav, learned counsel for the applicant and Shri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.457 of 2011, under Section 498-A, 304-B, 201 IPC & Sections 3/4 D.P. Act, Police Station Nakud, District Saharanpur, during pendency of the trial in the court below.

¶3From the record, it reflects that FIR of the present case was lodged on 22.08.2011 and applicant is in jail only since

12.10.2023 i.e. for last only about a month and therefore, it appears that applicant absconded for more than 12 years.

¶4At this stage, learned A.G.A. for the State pointed out that after the process of Sections 82 and 83 Cr.P.C., applicant surrendered before the court concerned on 12.10.2023 and therefore, he is an absconder.

¶5At this stage, learned counsel appearing on behalf of the applicant submits that in para 15 of the affidavit, applicant explained why he appeared so belatedly.

¶6From the paragraph 15 of the affidavit, it appears that general and vague averment has been made by the applicant with regard to treatment of cancer of his son and with regard to the treatment of his son, no medical document of the son of the applicant has been appended alongwith the instant bail application.

¶7Further, applicant after the process of Sections 82 and 83 Cr.P.C. surrendered before the court concerned on 12.10.2023 and he is in jail only since 12.10.2023 i.e. for only about a month, therefore, considering the facts and circumstances of the case, it reflects that applicant is an absconder and he appeared after more than 12 years and he failed to provide any proper explanation in this regard.

¶8In view of the above, without touching merit of the case, I am not inclined to release the applicant on bail at this stage, accordingly, the instant bail application filed by the applicant - Mangeram is rejected. Order Date :- 17.11.2023 Zafar High Court of Judicature at Allahabad