Rameshwar Lodhi v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50321 of 2023 Applicant :- Rameshwar Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Satyadeep Gautam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 4981 of 2023 under Sections 136 Electricity Act, Police Station Anti Power Theft, District Lalitpur with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that two F.I.R.s for the same offence has been registered and in one F.I.R. applicant is named while in the other (present case) applicant is not named. It is further submitted that name of the applicant surfaced during trial on the basis of his confessional statement. It is contended that in the other F.I.R. bearing case crime No. 799 of 2023 under Section 41 Cr.P.C. and 411 and 414 I.P.C., Police Station-Kotwali Lalitpur, District-Lalitpur, the applicant has been enlarged on bail by the court below. Applicant is languishing in jail since 08.10.2023 having no criminal history to his credit and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.

¶4On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

¶5Considering the fact that the applicant is not name in the F.I.R., recovery was made by the police during the routine patrolling and in the other case registered against the applicant for the same crime i.e. case crime No. 799 of 2023 he has been enlarged on bail, applicant is languishing in jail since 08.10.2023 having no criminal history to his credit, case is triable by Magistrate and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Rameshwar Lodhi be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 of the Indian Penal Code.

(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. is issued and the 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 of the Indian Penal Code.

(iv) 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 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 24.11.2023 Karan High Court of Judicature at Allahabad