Hon'ble Samit Gopal, J. allowed the bail application filed by Gopal Singh under Section 439 Cr.P.C. relying on parity with a co-accused and lack of criminal antecedents, subject to specific conditions regarding appearance and non-interference.
Respondent released on bail furnishing a personal bond and two sureties in like amount with specific conditions.
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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8315 of 2020
Applicant :- Gopal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Somendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Somendra Singh, learned counsel for the applicant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Gopal Singh seeking enlargement on bail during trial in connection with case crime no.988 of 2019, under Sections 452, 308 and 323 I.P.C., P.S. Phase-2, District Gautam Buddh Nagar.
Learned counsel for the applicant argued that identically placed co-accused Shiv Pal has been granted bail by coordinate Bench of this Court vide order dated 25.02.2020 in Criminal Misc. Bail Application No.8661 of 2020. A copy of the order has been provided to the Court, which is taken on record.
It is argued that since role of the applicant is identical to that of co-accused who has been granted bail, therefore, he is also entitled to the relief as prayed for on the ground of parity.
It is further argued that the applicant is in jail since 25.11.2019 and has no criminal antecedents, therefore, he be released on bail.
Per contra, learned AGA opposes the bail but could not dispute the arguments advanced on behalf of the applicant. Considering the totality of the case in particular, nature of evidence available on record without further any comments on merit, I am inclined to release the applicant on bail.
Let the applicant Gopal Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
Order Date :- 26.2.2020 Asha
(Samit Gopal,J.)
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the totality of the case and nature of evidence.
Colour shows how this judgement treated each authority
Criminal Misc. Bail Application No.8661 of 2020Referred¶6
5 provisions across 2 enactments
Gopal Singh
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
