Facts of the Case

The applicant, Sunil Verma, filed a bail application seeking release in Case Crime No. 184 of 2022 registered under Sections 457, 380, 411, 413 and 414 IPC at Police Station Phephna, District Ballia.

The applicant’s case was that he was innocent and had been falsely implicated. According to the submissions made on his behalf, he was the owner of a jewellery shop. It was alleged by the applicant that the SHO, Ubhaon had demanded money from him and, upon his refusal, he was falsely implicated in the criminal case.

The applicant further contended that there was no independent public witness to substantiate the alleged recovery and that nothing had been recovered from his possession. A significant aspect of the defence was that the goods in question had been purchased for his jewellery shop and the GST bills relating to those goods had been annexed as Annexure No. 1 to the bail application.

The applicant had remained in jail since 09.09.2022, and it was also submitted that the possibility of conclusion of the trial in the near future was very bleak.

Issues Involved

The principal issues before the Court were:

  1. Whether the applicant was entitled to bail in a criminal case involving allegations under Sections 457, 380, 411, 413 and 414 IPC.
  2. Whether the applicant’s contention that no recovery had been made from his possession and that there was no independent public witness deserved consideration at the bail stage.
  3. Whether the GST bills annexed with the bail application provided a relevant explanation for the applicant’s assertion that the goods had been purchased for his jewellery business.
  4. Whether the applicant’s period of incarceration since 09.09.2022 and the bleak possibility of an early conclusion of trial supported the grant of bail.
  5. Whether the facts, circumstances and nature of allegations made the matter fit for exercise of judicial discretion in favour of bail.

Petitioner’s / Applicant’s Arguments

The applicant advanced the following submissions:

  • He was innocent and had been falsely implicated in the case.
  • He was the owner of a jewellery shop.
  • The SHO, Ubhaon allegedly demanded money from him and falsely implicated him after he refused to comply with the demand.
  • There was no independent public witness to prove the alleged recovery.
  • Nothing had been recovered from the applicant’s possession.
  • The goods had been purchased for the applicant’s jewellery shop.
  • GST bills supporting the purchase of the goods had been annexed as Annexure No. 1 to the bail application.
  • There was no apprehension that the applicant would flee from the course of law after release on bail.
  • There was no likelihood that he would misuse the liberty of bail.
  • He had been in jail since 09.09.2022.
  • The possibility of conclusion of the trial in the near future was very bleak.

Respondent’s Arguments

The learned Additional Government Advocate appearing for the State of Uttar Pradesh opposed the prayer for grant of bail.

The order does not record any further detailed substantive counter-arguments on behalf of the State beyond opposition to the bail request. Therefore, no additional respondent submissions should be inferred beyond what is expressly stated in the judicial order.

Court Order / Findings

The Allahabad High Court considered:

  • the facts and circumstances of the case;
  • the material available on record;
  • the nature of the allegations; and
  • the arguments advanced by learned counsel for both parties.

Without expressing any opinion on the merits of the criminal case, the Court found the matter to be a fit case for grant of bail.

Accordingly, the Court directed that the applicant, Sunil Verma, be released on bail in the aforesaid Case Crime Number upon furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned, subject to specified conditions.

The conditions imposed by the Court included:

  • The applicant shall file an undertaking not to seek adjournment on dates fixed for evidence when witnesses are present. Default may be treated by the trial court as abuse of the liberty of bail.
  • The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of absence without sufficient cause, proceedings may be taken under Section 229-A IPC.
  • If the applicant misuses the liberty of bail and a proclamation under Section 82 Cr.P.C. is issued to secure his presence, failure to appear on the date fixed in the proclamation may result in proceedings under Section 174-A IPC.
  • The applicant shall remain personally present before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.
  • Deliberate absence or absence without sufficient cause may be treated as abuse of the liberty of bail.
  • Violation of the conditions may be treated as misuse of bail, and the court below would be at liberty to pass an appropriate order regarding cancellation of bail.

Important Clarification

The order is a bail order and not a final adjudication on guilt or innocence. The Court expressly granted bail without expressing any opinion on the merits of the case.

A further important clarification is that although the applicant specifically relied upon GST bills annexed as Annexure No. 1 to support his contention that the goods had been purchased for his jewellery shop, the Court did not expressly hold that the GST bills conclusively proved ownership, lawful purchase, authenticity of the goods, or innocence of the applicant.

Therefore, the legally accurate understanding of the order is that the existence of GST bills formed part of the applicant’s submissions considered at the bail stage; it should not be represented as a final judicial ruling that GST invoices conclusively disproved the alleged offences.

Similarly, the applicant’s allegation concerning a demand for money by the SHO was recorded as a submission made by the defence. The Court did not record a final factual finding establishing that allegation.

Sections Involved

Section 457 IPC – Lurking House-Trespass or House-Breaking by Night:
Deals with specified forms of lurking house-trespass or house-breaking by night, including where committed to facilitate the commission of an offence punishable with imprisonment.

Section 380 IPC – Theft in Dwelling House, etc.:
Concerns theft committed in a building, tent or vessel used as a human dwelling or for the custody of property.

Section 411 IPC – Dishonestly Receiving Stolen Property:
Deals with dishonestly receiving or retaining stolen property while knowing or having reason to believe that the property is stolen.

Section 413 IPC – Habitually Dealing in Stolen Property:
Concerns habitual receiving or dealing in property known or believed to be stolen.

Section 414 IPC – Assisting in Concealment of Stolen Property:
Deals with voluntarily assisting in concealing, disposing of or making away with property known or believed to be stolen.

Section 229-A IPC – Failure by Person Released on Bail or Bond to Appear in Court:
Relevant to failure to appear in court in accordance with the terms of bail or bond.

Section 174-A IPC – Non-Appearance in Response to Proclamation:
Relevant where a person fails to appear in response to a proclamation issued under the applicable criminal procedure law.

Section 82 Cr.P.C. – Proclamation for Person Absconding:
Provides for issuance of proclamation requiring appearance of a person where the statutory conditions are satisfied.

Section 313 Cr.P.C. – Examination of Accused:
Provides for examination of the accused regarding circumstances appearing in evidence against him.

Link to download the order - https://mytaxexpert.co.in/uploads/1783331052_1129compressed.pdf

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