Court granted bail to applicant Pradeep involved in rioting and murder cases under IPC. Bail allowed based on parity with a co-accused and prima facie satisfaction of the charge. Released on personal bond with two sureties and conditions to appear for evidence.
Applicant released on bail with personal bond and two sureties subject to conditions of appearing in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23442 of 2018
Applicant :- Pradeep Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Anuj Bajpai, learned counsel for the applicant and Sr. G.P. Singh, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that as per the F.I.R. there are six accused persons namely Pradeep, Manoj, Pramod, Kuldeep, Atar Singh, Ram Kumar and applicant. He further submits that co-accused Pramod alias Pradeep has been granted bail by this Court vide order dated 21.5.2018 in Criminal Misc. Bail Application No. 18902 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 16.01.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Bail order of aforesaid co-accused has been produced by the learned counsel for the applicant. The same is taken on record.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Pradeep involved in Case Crime No. 1708 of 2017 under Sections 147, 148, 149, 302, 452 and 506 I.P.C., Police Station Madnapur, District Shahjahanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the 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 misuses 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 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.
(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.
The case of the applicant is distinguishable from co-accused persons Ram Kumar, Manoj, Pramod, Kuldeep, Atar Singh.
Order Date :- 26.6.2018 Akram
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused.
Whether reasonable apprehension of tempering of witnesses justifies granting bail.
2 provisions across 1 enactments
Pradeep
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
