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Allahabad High Court · body

2015 DIGILAW 1675 (ALL)

Surat Singh @ Suraj Singh v. State of U. P.

2015-07-01

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in case crime No.317 of 2015, under Sections 411, 413, 467, 468, 471, 420 I.P.C., police station Barra, District- Kanpur Nagar with the prayer to enlarge him on bail. 3. The submission of the learned counsel for the applicant is that the applicant is a B.A. student and that he has been falsely implicated. It has been submitted that the prosecution case against the applicant is based on recovery of the stolen loader vehicle on 22.04.2015, which was allegedly stolen on 22.01.2015. Attention of the court has been invited to the averments made in paragraph 12 of the affidavit filed in support of the bail application wherein it has been stated that on 21.04.2015 at about 11 A.M. the police of police station Barra had forcibly taken the applicant from his house to falsely implicate him, in which connection a complaint was made by the mother of the applicant to the Senior Superintendent of Police, Kanpur Nagar. It has been submitted that the alleged recovery is not witnessed by any independent witness or public witness. It has been submitted that the applicant has been falsely implicated even though he is a person with clean antecedents and has no previous criminal history. It has been submitted that applicant is in jail since 22.04.2015 and, in case he is enlarged on bail, he will not misuse the liberty of bail. 4. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. 5. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. 6. Let applicant Surat Singh @ Suraj Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice: - (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.