Accused-applicant applied for bail. Court granted bail based on parity with a co-accused already released. Applicant to furnish bond and sureties and adhere to strict conditions regarding court appearances and evidence dates.
Accused released on bail with personal bond, two sureties, and strict conditions to appear in court and not seek adjournments.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10024 of 2021
Applicant :- Raja @ Adnan Opposite Party :- State of U.P. and Others Counsel for Applicant :- Vineet Jaiswal,Kush Singh,Vijay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
(i) the applicant(s) shall file an undertaking to the effect that he 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 31.5.2022 MVS/-
Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.05.31 18:16:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the accused-applicant is entitled to bail on grounds of parity with a co-accused already released.
Whether the case is a fit case for granting bail under Section 439 CrPC without commenting on merits.
4 provisions across 4 enactments
Raja @ Adnan
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
