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IN THE HIGH COURT OF ALLAHABAD
PIYUSH AGRAWAL, J.
Arvind and Others – Appellants
Versus
State of Uttar Pradesh – Respondent
Criminal Misc. Bail Application No. 28675 of 2024
Decided On : 06-08-2024
BAIL - CRIMINAL PROCEDURE - The court granted bail to the applicants based on the lack of incriminating evidence, the nature of the injuries being non-dangerous, and the precedent of co-accused being granted bail. The court emphasized the importance of ensuring the applicants' presence during trial and set specific conditions to prevent misuse of bail.
Fact of the Case:
The applicants sought bail in a case involving multiple IPC sections, claiming innocence and lack of evidence against them. They argued that the injuries were simple, no specific roles were assigned, and no incriminating articles were recovered. They highlighted that a co-accused had already been granted bail.
Finding of the Court:
The court found the case suitable for bail considering the arguments presented, the nature of allegations, and the fact that a co-accused had been released on bail. The court did not express an opinion on the merits of the case.
Issues: Whether the applicants should be granted bail given the circumstances of the case, the nature of the allegations, and the precedent of co-accused being granted bail.
Ratio Decidendi: The court determined that the lack of serious allegations, absence of incriminating evidence, and the precedent of co-accused being granted bail justified the decision to grant bail to the applicants.
Final Decision: The bail application was granted, subject to specific conditions to ensure the applicants' presence during the trial and to prevent misuse of bail.
JUDGMENT :
PIYUSH AGRAWAL, J.
1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of Uttar Pradesh and perused the record.
2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 318/2023, under Sections 147/148/149/323/452/307/504/506 IPC, Police Station- Matsaina, District - Firozabad.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that the injuries are simple in nature and are not dangerous to life; no specific role has been assigned for commission of the alleged crime; nothing incriminating article has been recovered from the possession of the applicants or their pointing out; there was no independent or public witness to the alleged incident or recovery; no motive has been assigned to the applicants; the criminal history of the applicants has been explained in the affidavit filed in support of the application. It is stated that after taking note of entire facts and circumstances of the case, some of the co-accused, namely, Bhuri Singh, had already been enlarged on bail by this Court vide order dated 14.03.2024 passed in Criminal Misc. Bail Application No. 8911/2024. Accordingly, the applicants are also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 29.05.2024 and the possibility of conclusion of trial in near future is very bleak.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused had already been released on bail.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused had already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicants, namely, Arvind, Sher Singh and Manvendra, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
7. Any violation of above conditions will be treated misuse of bail and lear
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