The court disposed of a bail application filed by Rajan Singh, acknowledging the principle of parity with a co-accused who was already released, and ordered the applicant's release under specific conditions.
The applicant was enlarged on bail on execution of a personal bond, with sureties to be furnished within a month of court restoration.
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Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31657 of 2020 Applicant :- Rajan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey,Shyam Shanker Pandey Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra Hon'ble Rahul Chaturvedi,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Despite of the best efforts Sri Manoj Kumar Mishra, learned counsel for the complainant could not be connected virtually on account of technical glitch.
With the aid and help of learned AGA, I am proposing to decide this bail application on merits.
By means of this application, the applicant who is involved in case crime no.73 of 2020, under Sections 147, 148, 304, 308, 324, 452, 504 and 506 IPC, Police Station- Sarpataha, District-Jaunpur is seeking enlargement on bail during the trial. The applicant who is in jail since 20.05.2020.
Submission made by learned counsel for the applicant that though the applicant is one of the named accused person out of five. It is further contended that Jitendra Singh one of the co-accused was admitted on bail by this Court in Crl. Misc. Bail Application No. 47788 of 2020 by order dated 18.02.2021, learned counsel for the applicant claims parity with coaccused Jitendra Singh. Learned counsel for the applicant submitted that applicant has got criminal antecedent of one cases, which is duly explained.
Learned A.G.A is unable to point out any point of distinction between them.
Keeping in view the nature of the offence, evidence, complicity of the accused and adopting the same reasoning as has given in the order granting bail to co-accused Jitendra Singh and applies the principle of parity, I am of the view that the applicant has made out a case for bail.
Let the applicant-Rajan 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/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER
PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS 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/APPLICANTS IS/ARE 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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.
(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/APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
Order Date :- 7.7.2021/Abhishek Sri.
1 issue framed by the court
Whether the applicant is entitled to bail on the principle of parity with a co-accused.
Colour shows how this judgement treated each authority
Crl. Misc. Bail Application No. 47788 of 2020Referred¶6
Rajan Singh
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rahul Chaturvedi
Parties & counsel
