Allowed

Ram Awadh Kevat v. State of U.P.

Allahabad HC1 Nov 2021BAIL/24626/2021

Case brief

AI extract

What is this about?

In a bail application for offenses under IPC sections 147, 148, 307, 308, 323, 341, 427, and 504, the Allahabad High Court granted bail due to the general nature of allegations and statutory parity with a co-accused already on bail. The court imposed standard bail conditions and additional interim conditions regarding sureties pending normal court functioning.

What did the court decide?

The applicant was enlarged on bail on furnishing a personal bond and two sureties, subject to specific conditions including undertakings against abuse of liberty and strict appearance requirements.

Ram Awadh Kevat Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24626 of 2021

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Applicant :- Ram Awadh Kevat Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Yadav,Chandra Kumar Rai,Janardan Yadav Counsel for Opposite Party :- G.A.,Vikas Tripathi

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Hon'ble Rahul Chaturvedi,J.

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Heard Shri Janardan Yadav, learned counsel for the applicant; Shri Vikas Tripathi, learned counsel for the informant and learned A.G.A. Perused the record.

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By means of the present bail application the applicant, who is facing prosecution in connection with Case Crime No.63 of 2021, u/s 147, 148, 307, 308, 323, 341, 427, 504, 506 I.P.C., P.S.-Ahiraula, District-Azamgarh, is seeking his enlargement on bail during trial. The applicant is in jail since 8.5.2021.

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Submission of learned counsel for the applicant is that the present F.I.R. was registered by Shyam Bahadur Singh, the victim himself against six named accused persons attributing a general role of assault by lath, danda and hockey to named accused persons. From the text of the F.I.R. and the statement u/s 161 Cr.P.C. of the informant it is clear that no specific role has been attributed to the applicant. It has also been submitted by learned counsel for the applicant that co-accused Suraj Nishad has already been admitted on bail by a Co-ordinate Bench of this Court on 06.10.20221 while allowing Crl. Misc. Bail Application No.28895 of 2021. The applicant claims parity with the aforesaid co-accused and on the principles of parity he too should be released on bail. The applicant is in jail since 08.5.2021.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the above facts.

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Keeping in view the generality of allegation, order passed in favour of co-accused, the nature of the offence, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Ram Awadh Kevat , who is involved in aforementioned case crime be released on bail on his furnishing

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a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) 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.

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(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 IPC.

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(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., 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 IPC.

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(iv) 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.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:

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1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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4. 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.

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However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this Court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.

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Order Date :- 1.11.2021 M. Kumar

Ram Awadh Kevat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Awadh Kevat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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