This bail application, filed by Anoop Singh involved in a case under Sections 307, 504, 506 IPC, was disposed of by granting bail by Court No. 82, Allahabad, on its first hearing.
Released on bail subject to furnishing personal bond and two sureties and compliance with additional conditions regarding court appearances.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40486 of 2020
Applicant :- Anoop Singh Opposite Party :- State of U.P. Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel Sri Desh Ratan Chaudhary, Advocate for the accused-applicant, learned Additional Government Advocate Sri Arun Kumar Singh, Advocate for the State and perused the material available on record.
The present bail application has been filed on behalf of the accused-applicant-Anoop Singh who is involved in Case Crime No. 181 of 2020, under Sections 323, 324, 307, 504, 506 IPC, Police Station Maanda, District Prayagraj.
The occasion of present bail application has arisen on rejection of the bail plea of the accused-applicant by Sessions Judge, Allahabad vide order dated 21.09.2020.
Submission of learned counsel for the accused-applicant is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The applicant is in jail since 16.06.2020 and has no criminal history to his credit. Further submission is that co-accused, namely, Brij Mangal Singh, having similar role to the present applicant, has already been granted bail by a Co-ordinate Bench of this Court vide order dated 17.11.2020 passed in Criminal Miscellaneous Bail Application No. 39293 of 2020. As such, the present accused-applicant is also entitled to be released on bail on the ground of parity. Further submission is that there is no possibility of the accused-applicant of fleeing away from the judicial process or tampering with the witnesses. In case the accused-applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the accused-applicant.
Considering the rival submissions of learned counsel for the parties, without expressing any opinion on the merits of the
case and considering the nature of accusation, complicity of the accused-applicant, gravity of the offence and the severity of punishment in case of conviction and the period for which he is in jail, I find force in the argument of learned counsel for the accused-applicant. The accused-applicant is entitled to be released on bail in this case.
Let applicant- Anoop Singh be released on bail in Case Crime No. 181 of 2020, under Sections 323, 324, 307, 504, 506 IPC, Police Station Maanda, District Prayagraj, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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.
Order Date :- 20.11.2020 kkv/
2 issues framed by the court
Whether the accused-applicant is entitled to bail considering the nature of accusation, gravity of the offence, commencement of trial and period of detention.
Whether additional conditions can be imposed under Section 229-A IPC, Section 82 Cr.P.C. and Section 174-A IPC to secure the presence of the applicant during trial.
4 provisions across 2 enactments
Anoop Singh
Vikas Kunvar Srivastav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
