Arvind Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12037 of 2023 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2The present second bail application has been filed on behalf of the applicant in Case Crime No.20 of 2022, under Section 8/20 N.D.P.S. Act, Police Station Ramganj, District-Amethi, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 22.02.2022. Learned counsel for the applicant also informed that a direction was also given by this Court to the trial Court to conclude the trial of the case in question within six months but till today not even a single witness has been examined. Learned counsel also submitted that co-accused Sahabuddin Ahmad has already been enlarged on bail by this Court vide order dated 20.09.2023. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶4Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that a direction was given by this Court to the trial Court to conclude the trial of the case in question within six months but till today not even a single witness has been examined

¶5Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.

¶6Let the applicant-Arvind Kumar, 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.

(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.10.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench