The Court granted bail to the applicant, who was unintentionally named in a case, relying on parity with co-accusands already released. The applicant was not named in the original F.I.R.
Applicant to be released on bail on furnishing a personal bond and two local sureties, subject to specified conditions regarding trial attendance and non-tampering.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6478 of 2021
Applicant :- Jaish @ Jayesh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dutta Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.188 of 2019, under Sections 394, 411 I.P.C., Police Station Singramau, District Jaunpur.
Learned counsel for the applicant submits that applicant is not named in the F.I.R. and he has been falsely implicated in the present case. It is further submitted that name of the applicant came into light in the confessional statement of co-accused Rajan Singh who has been granted bail by this Court vide order dated 02.12.2020 passed in Criminal Misc. Bail Application No. 42625 of 2020. It is further submitted that co-accused Shyamle Yadav has also been granted bail by this Court vide order dated 24.08.2020 passed in Criminal Misc. Bail Application No. 17297 of 2020. It is further submitted that applicant is also entitled to be released on bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history against the applicant and he is languishing in jail since 17.07.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Jaish Pal @ Jayesh Pal involved in aforesaid case crime be released on bail on his 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 :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 29.1.2021 AKT
3 issues framed by the court
Whether the applicant, falsely implicated and not named in the F.I.R., is entitled to bail on grounds of parity and lack of flight risk.
What conditions should be imposed on the applicant while granting bail in the trial of the cited offence.
Whether the alleged impropriety in the naming of the accused in the F.I.R. warrants the enlargement on bail.
Jaish Pal @ Jayesh Pal
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
