HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 6
Case :- BAIL No. – 8897 of 2019
Applicant :- Anuj Kumar @ Chhedi
Opposite Party :- State of U.P.
Counsel for Applicant :- Nisha Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Jaspreet Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The applicant Anuj Kumar @ Chhedi has moved this bail application seeking bail in respect of his involvement in Case Crime No. 234 of 2018 under Sections 377 IPC, Police Station Dariyabad, District Barabanki.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated. It has also been submitted that the allegations made in the First Information Report are highly improbable whereas there was a dispute amongst the family and in order to give it a colour, with the malicious contents the First Information Report has been lodged. The applicant who otherwise is working in Mumbai had come to Barabanki to attend to his mother who had fractured her leg and taking a cue the complainant has lodged the First Information Report only to falsely implicated and teach the applicant a lesson.
The learned counsel for the applicant has also drawn the attention of the Court to the injury report and the version of the First Information Report and it has been submitted that the the injury report also does not support the version of the First Information Report and the complaint.
Learned A.G.A. has opposed the prayer for bail, however, he could not dispute the fact that the applicant has been in Jail since 05.10.2019 and the allegations are yet to be tested in trial.
Considering the rival submissions of the learned counsel for the parties, material available on record as well as the totality of the facts and circumstances, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Anuj Kumar @ Chhedi involved in Case Crime No. 234 of 2018 under Sections 377 IPC, Police Station Dariyabad, District Barabanki be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charges; and (c) recorded 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.
Order Date :- 2.12.2019