Allowed

Dileep Kumar v. State of U.P. through Principal Secretary Home Department, Government of U.P., Lucknow

Allahabad HC27 May 2022/1603/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal matter invoking power under Section 439 Cr.P.C., holding that parity with a co-accused who was already released justified the grant, subject to standard bail conditions including personal bonds and sureties.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions of attendance and no adjournments.

Dileep Kumar Vs State of U.P. through Principal Secretary… — Bail and Remand | Allahabad HC (2022)

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1603 of 2022

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Applicant :- Dileep Kumar

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Opposite Party :- State Of U.P. Through Principal Secretary Home Department, Government Of U.P., Lucknow Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant as well as Sri Ashwani Kumar Singh, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.420 of 2021, under Sections 323, 342, 364, 306 IPC, Police Station Palia, District Kheri.

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Learned counsel for the accused-applicant submits that coaccused, Narendra Rathore, having similar role, has been granted bail by this Court vide order dated 4.4.2022 in Criminal Misc. Bail Application No.1403 of 2022. He, therefore, prays that the accused-applicant should also be enlarged on bail on the ground of parity. Apart from it, accused-applicant has been in jail since 9.11.2021.

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Sri Ashwani Kumar Singh, learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and also the fact that co-accused, having similar role, has been granted bail by this Court, the accused-applicant is entitled to be released on bail.

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6 Let applicant Dileep Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant 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.

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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 of the Indian Penal Code.

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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. 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.

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(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.

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Order Date :- 27.5.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.05.27 16:14:51 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dileep Kumar v. State of U.P. through Principal Secretary Home Department, Government of U.P., Lucknow

Case brief

What is this about?

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Dileep Kumar v. State of U.P. through Principal Secretary Home Department, Government of U.P., Lucknow

Case brief

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What did the court decide?

What the court decided

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