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2025 DAILYLAW 143683 (ALL)

ARVIND KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/6844/2024 · 2025-01-07

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:987 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6844 of 2024 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey Counsel for Opposite Party :- G.A.,Dharmendra Kumar Singh Hon'ble Rajeev Singh,J. 1. Heard Sri Riyaz Ahmad, learned counsel for the applicant as well as the learned A.G.A. for the State and Sri Dharmendra Kumar Singh, learned counsel for the complainant, and perused the record. 2. The applicant Arvind Kumar S/o Sri Satya Dev has filed this application seeking bail in Case Crime No. 271/21; Under Section: 406/420/467/468/471/506 I.P.C.; Police Station Hazratganj, District: Lucknow, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The chargesheet was submitted by the investigating officer in the most mechanical manner, merely on the basis of confessional statement of the other co-accused person. The applicant is in jail since 14.03.2022. Till today, only one witness has been examined and there is no credible evidence against the applicant, deposed by the complainant. It has been further submitted that there is no possibility of conclusion of trial in near future. The applicant is ready to cooperate in the trial, therefore, he be enlarged on bail. 4. Learned A.G.A. as well as learned counsel for the complainant vehemently opposed the prayer for bail and submitted that in the name of providing employment the money was cheated by the applicant alongwith other associate, but they do not dispute this fact that the applicant is in jail since 14.03.2022. 5. Considering submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant documents including the deposition of P.W.1; the applicant is in jail since 14.03.2022; and the statement of the complainant has already been recorded, it is a fit case for bail. The application is accordingly allowed. 6. Let the applicant- Arvind Kumar S/o Sri Satya Dev involved in Case Crime No. 271/21; Under Section: 406/420/467/468/471/506 I.P.C.; Police Station Hazratganj, District: Lucknow, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the trial court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5) In case, the applicant misuses the liberty of bail during trial, 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. (6) The applicant shall remain present, 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. (7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (8) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 7. It may be observed that in the event of any breach of the aforesaid conditions, the trial court shall be at liberty to proceed for the cancellation of applicant's bail. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. 9. The trial court is directed to conclude trial expeditiously, without giving any unnecessary adjournment to either of the parties, within a period of one year. (Rajeev Singh, J.) Order Date :- 7.1.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench