Deenanath Keshari vs. State Of U.P.
Original PDF →Facts
The applicant, Deenanath Keshari, sought bail in Case Crime No. 22 of 2020, registered under Sections 380 and 411 of the Indian Penal Code at Police Station Ghorawal, District Sonebhadra. The First Information Report was initially lodged against unknown persons. The applicant was implicated after stolen articles were recovered from his possession. He claims to run a jewellery shop and that the articles were sold to him by unknown persons who needed money for a marriage. The applicant's GST registration number is provided as evidence of his business. He has been in jail since May 29, 2020, and claims no prior criminal history. The State's counsel did not dispute the applicant's submissions.
Held
The Court granted bail to the applicant, Deenanath Keshari, in Case Crime No. 22 of 2020 under Sections 380 and 411 IPC. The Court considered the overall facts and circumstances, including the applicant's submission that he runs a jewellery shop and purchased the recovered articles from unknown persons who claimed to need money for a marriage, supported by his GST registration. The Court also noted his period of incarceration since May 29, 2020, and the absence of any criminal history. The Court was influenced by the Apex Court's decision in Dataram Singh Vs. State of U.P. and another, and the constitutional mandate of Article 21. The applicant was directed to furnish a personal bond and two sureties to the satisfaction of the court, subject to several conditions aimed at ensuring his cooperation with the trial and preventing any misuse of liberty. The conditions included not tampering with evidence, cooperating with the trial, not indulging in criminal activity, remaining present on each date fixed for trial, and facing proceedings under Section 174-A IPC if proclamation under Section 82 Cr.P.C. is issued due to misuse of bail. The bail was to be effective after any short-term bail period ended, and sureties were to be furnished within a month after normal court functioning was restored.
Key Issues
1. Whether the applicant is entitled to be released on bail in Case Crime No. 22 of 2020 under Sections 380 and 411 IPC, considering the recovery of stolen articles from his possession and his defence that he purchased them in good faith. Petitioner's Arguments: The applicant contends that he has been falsely implicated due to the recovery of articles sold to him. He operates a registered jewellery shop, as evidenced by his GST registration (09AMHPK7936JIZH), suggesting he is a legitimate businessman. He has been incarcerated since May 29, 2020, and possesses no criminal history. He relies on the dictum of the Apex Court in Dataram Singh Vs. State of U.P. and another, and the larger mandate of Article 21 of the Constitution of India. Revenue/State's Arguments: The learned A.G.A. opposed the prayer for bail but could not dispute the facts presented by the applicant's counsel.
Sections Cited
Section 380, Section 411, Section 229-A, Section 82, Section 174-A, Article 21
AI-generated summary — verify with the full judgment below
Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18500 of 2020 Applicant :- Deenanath Keshari Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J. Heard Sri Shriprakash Dwivedi, learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 22 of 2020 under Sections- 380 and 411 IPC, Police Station- Ghorawal, District- Sonebhadra. The first information report was lodged against unknown person and the applicant was implicated in the case on the ground of stolen articles were recovered from his possession. In paragraph no. 6 of the affidavit filed in support of the application, it is stated that the applicant is running a jewellery shop and some unknown persons sold the jewelleries on the pretext that they need money for marriage. A copy of the registration for running the jewellery shop and the GST/ 21 of the constitution of India, let the applicant-Deenanath
Keshari involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
The applicant shall cooperate in the trial sincerely without seeking any adjournment.
The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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;
In case, the applicant misuses the liberty of bail 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.
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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 7.7.2020 Akbar
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.