Shivom v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51943 of 2023 Applicant :- Shivom Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari,Deepak Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.404 of 2023, under Section 408, 120-B, 411, IPC, Police Station Hariparwat, District Agra.

¶3It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. Applicant was not named in the FIR. Name of applicant surfaced in the confessional statement of co-accused. Mandatory provisions of section 100 Cr.P.C. has not been complied with by the police. Apart from the case shown against the applicant has no criminal history, as mentioned in para-22 to the affidavit filed in support of the bail application. Identically situated co-accused Mohit @ Mahi Gurjar, has already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.45721 of 2023, vide order dated 30.10.2023. The applicant is languishing in jail since

01.09.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid facts.

¶5Considering the facts and circumstances of the case and taking into account that applicant was not named in the FIR his name of applicant surfaced in the confessional statement of co-accused, mandatory provisions of section 100 Cr.P.C. has not been complied with by the police, apart from the case shown against the applicant has no criminal history, as mentioned in para-22 to the affidavit filed in support of the bail application, identically situated co-accused Mohit @ Mahi Gurjar, has already been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.45721 of 2023, vide order dated 30.10.2023, applicant is languishing in jail since 01.09.2023, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6Let applicant-Shivom be released on bail in the above case crime number 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 :- 5.12.2023 VKG High Court of Judicature at Allahabad