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ALLAHABAD HIGH COURT
KRISHAN PAHAL
DAYA SAROJ @ SAHAB LAL – Appellant
Versus
State – Respondent
BAIL/54872/2021
BAIL - SECTION 457, 380, 411 IPC - SUMMARY
Fact of the Case:
The applicant, Daya Saroj, was arrested and charged with offenses under Sections 457, 380, and 411 of the Indian Penal Code (IPC) for alleged involvement in a burglary and theft case. He filed a bail application, claiming false implication and lack of recovery of stolen ornaments.
Finding of the Court:
The court acknowledged the applicant's criminal history but considered the totality of circumstances, including his period of incarceration and the nature of the offenses.
Issues: Whether the applicant should be granted bail considering his criminal history and the severity of the offenses.
Ratio Decidendi: The court held that the applicant's criminal history alone was not sufficient to deny bail, and that the totality of circumstances, including his period of incarceration and the nature of the offenses, warranted his release on bail subject to certain conditions.
Final Decision: The court granted bail to the applicant on the condition that he furnishes a personal bond and two sureties, and subject to certain conditions aimed at ensuring his presence during the trial and preventing misuse of bail.
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54872
of 2021
Applicant :- Daya Saroj @ Sahab Lal
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Kumar Srivastava,Rajeev
Giri
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Rajeev Giri, learned counsel for the applicant and
learned AGA for the State and also perused the material placed
on record.
By means of the present application, the applicant- Daya Saroj
@ Sahab Lal seeks bail in Case Crime No.33 of 2021, under
Sections 457, 380 and 411 IPC, Police Station- Chauri, District-
Bhadohi, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. There
is no recovery of any ornaments from the possession of the
applicant and only some article has been recovered. The
criminal history of the applicant has been explained in para-7, 8
and 9 of the affidavit filed in support of the bail application.
The applicant has been arrested in Case Crime No.68 of 2021,
under Section 401/34 IPC and after the said arrest, he has been
nominated in 16 cases pertaining to almost same type of
offences. The applicant is languishing in jail since 14.07.2021
and he deserves to be released on bail. In case, the applicant is
released on bail, he will not misuse the liberty of bail and shall
cooperate with the trial.
Per contra, learned A.G.A. has opposed the bail prayer of the
applicant and contended that the applicant has actively
participated in the commission of the aforesaid crime. The
innocence of the applicant cannot be adjudged at pre trial stage,
therefore, the applicant does not deserve any indulgence. In
case, the applicant is released on bail, he will misuse the liberty
of bail.
Upon hearing learned counsel for the parties, perusal of record
and considering the complicity of accused, severity of
punishment as well as totality of facts and circumstances, at this
stage without commenting on the merits of the case, I find it a
fit case for bail.
Let the applicant- Daya Saroj @ Sahab Lal, 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. Further, before issuing the release order, the sureties
be verified.
(i) 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.
(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 IPC.
(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., 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.
(iv) 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.
In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
It is made clear that observations made in granting bail to the
applicant shall not in any way affect t
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