The Allahabad High Court recently comprising of a bench of Justice Sumeet Kumar granted bail to three persons who were charged for sedition under Section 124A of Indian Penal Code (IPC) for raising slogans and burning the effigy of Uttar Pradesh Chief Minister, Yogi Adityanath. (Phoolchandra Yadav And 2 Others v. State of U.P)
Facts of the case
The incident had taken place in March this year in Chitrakoot district. As per the prosecution case, 12 nominated and 10-12 unknown persons are said to have raised slogans against the Chief Minister and burnt his effigy.
Applicants before the Court were named in the F.I.R. They(Phoolchandra Yadav, Aashutosh Agrahari and Suraj Singh) were booked for the offences punishable under Sections 147, 188, 269, 341, 124A I.P.C, Section 66 I.T. Act and Section 6 of United Provinces Special Power Act, 1932.
Their bail plea said it was a political protest and the act does not attract provisions of the Section 124-A of the Indian Penal Code.
Contention of the Parties
The counsel for the applicants urged that six co-accused in the similar circumstances have been enlarged on bail.
It was further submitted that the applicants are languishing in jail since 17.03.2021 and that there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse liberty and will cooperate in the trial.
Contention of the Parties
The counsel for the applicants urged that six co-accused in the similar circumstances have been enlarged on bail.
It was further submitted that the applicants are languishing in jail since 17.03.2021 and that there is no likelihood of early disposal of trial and the applicants undertake that if enlarged on bail, they will never misuse liberty and will cooperate in the trial.
Let the applicants Phoolchandra Yadav, Aashutosh Agrahari and Suraj Singh, involved in Case Crime No. 101 of 2021, under Sections 147, 188, 269, 341, 124A I.P.C, Section 66 I.T. Act and Section 6 of United Provinces Special Power Act, 1932, Police Station Karvi, District Chitrakoot be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file undertakings to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
ii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them in accordance with law.
(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
vi) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(vii) 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 view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 6.4.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied."
The order reads thus: "Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Read Judgment;
SOURCE ; .latestlaws.com/
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