Allowed

Ashwani Tyagi and Another v. State of U.P.

Allahabad HC5 Jan 2021BAIL/47012/2020

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What is this about?

The court granted bail to the applicants in a crime case on the ground of parity with a co-accused released earlier, subject to standard conditions regarding attendance and non-interference with witnesses.

What did the court decide?

The applicants were released on bail on furnishing a personal bond and two local sureties each, subject to conditions regarding attendance, non-interference with witnesses, and cooperation with the tr

Ashwani Tyagi and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47012 of 2020

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Applicant :- Ashwani Tyagi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Rajiv Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.562 of 2020, under Sections 406, 420, 384, 506 I.P.C., Police Station Hapur Nagar, District Hapur.

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Learned counsel for the applicants submits that similar allegation has been levelled against Vijay, who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 01.12.2020 in Criminal Misc. Anticipatory Bail Application No.8333 of 2020, therefore, the applicants are also entitled for bail on the ground of parity. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants are languishing in jail since 01.10.2020.

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Per contra, learned A.G.A. opposed the bail prayer of the applicants but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on anticipatory bail, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Ashwani Tyagi and Manoj Tyagi involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall not seek any

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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.

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(ii) The applicants 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 they under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure they presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against they, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 they in accordance with law.

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

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

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Order Date :- 5.1.2021 Jitendra

Ashwani Tyagi and Another v. State of U.P.

Case brief

What is this about?

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Ashwani Tyagi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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