Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35494 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 235 of 2024, under Sections 420, 34 IPC, Police Station- Mangalpur, District- Kanpur Dehat. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the first information report dated 13.09.2024 has been lodged by the informant against the applicant and other co-accused in the aforesaid case crime. It is further submitted that all the allegation made in the FIR is totally against the co-accused but on the basis of suspicion informant has falsely implicated the applicant in the present case. Nothing has been recovered from the possession of the applicant. Investigating Officer has submitted charge sheet against the applicant but till date charge has not framed. The criminal history of four cases have been explained in paragraph no.9 of the affidavit filed in support of the bail application and in all the case applicant is on bail. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 19.10.2024, and the possibility of conclusion of trial in near future is very bleak. Versus Counsel for Applicant(s) : Amrendra Nath Rai, Hemant Shukla, Manish Kumar, Rishabh Higgins Counsel for Opposite Party(s) : G.A. Anuj @ Vinod Jatav @ Vinod .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. has, however, opposed the prayer for grant of bail. 5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 6.
Let applicant namely- Anuj @ Vinod Jatav @ Vinod, be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (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 misuse 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 fail 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. BAIL No. 35494 of 2025 2
(v) The applicant shall not leave India without prior permission of the Court concerned.
Any violation of above conditions will be treated misuse of bail and learned Court concerned will be at liberty to pass appropriate order in the matter regarding cancellation of bail. May 5, 2026 SFH BAIL No. 35494 of 2025 3 (Jai Prakash Tiwari,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad