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Nautakki Bankat Shiva Brahmam vs State Of U.P. on 6 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 10846 of 2020

Applicant :- Nutakki Bankat Shiva Brahmam

Opposite Party :- State of U.P.

Counsel for Applicant :- Kuldeep Singh Chahar

Counsel for Opposite Party :- G.A.

Hon’ble Samit Gopal,J.

Heard Sri K.S. Chahar, learned counsel for the applicant, learned A.G.A. and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Nutakki Bankat Shiva Brahmam seeking enlargement on bail during trial in connection with case crime no.801 of 2016, under Section 406 I.P.C., P.S. Khandauli, District Agra.

Learned counsel for the applicant argued that the applicant has falsely been implicated in the present case. Present case is triable by Magistrate in which the applicant is in jail since 26.12.2019.

He further argued that the applicant has been made scapegoat because of some dispute between the cold storage and the farmers. The applicant is not the resident of Uttar Pradesh and this was also one of the reason for falsely implicating him.

It is argued that the applicant has no criminal antecedents as stated in para-19 of the affidavit, therefore, he be released on bail.

Per contra, learned AGA opposes the prayer for bail but could not dispute the arguments advanced by learned counsel for the applicant.

Considering the totality of the case in particular, nature of evidence available on record without further any comments on merit, I am inclined to release the applicant on bail.

Let the applicant Nutakki Bankat Shiva Brahmam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be a family member or close relative of the applicant) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C.

(v) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

The bail application is allowed.

Order Date :- 6.3.2020

Asha

(Samit Gopal,J.)

 

 

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