Patram v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49320 of 2023 Applicant :- Patram Opposite Party :- State of U.P. Counsel for Applicant :- Laloo Yadav,Kiran Rani,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Laloo Yadav, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 0420 of 2019, under Section 363, 366 I.P.C., Police Station Naugawan, District-Amroha, during the pendency of the trial.

¶3Learned counsel for the applicant submits that initially the accused-applicant was granted bail in the instant case, on

16.12.2019, however, due to his non-appearance N.B.W. was issued by the trial Court and lastly in compliance of N.B.W. order dated 15.07.2023, the applicant has been arrested on 30.10.2023 and since then he is in jail. It is contended that the counsel did not inform the dates in the trial court, therefore, the applicant could not appear before the trial Court. It is submitted that the applicant would appear before the trial court on each and every date fixed by it.There is no other criminal history to the credit of the applicant.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Considering the rival submissions of learned counsel for parties, as it is a case of abscondance and the applicant undertakes to cooperate in the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant-Patram, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

(iv) the applicant shall not leave the territory of district Amroha, without prior permission of the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 S.Verma High Court of Judicature at Allahabad