This High Court allowed a bail application reiterating that the applicant, who is a first-time offender with no criminal record, be released on bail on grounds of parity with a co-accused.
Release on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court.
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Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2058 of 2022
Applicant :- Ramveer Singh Opposite Party :- State Of Up Thru.Prin.Secy.Home Counsel for Applicant :- Rajat Pratap Singh,Smriti Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Mrs. Smriti, learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.
By means of the present application, the applicant seeks bail in Case Crime No. 294 of 2013, under Sections 328, 394, 411, 420, 467, 468 IPC, Police Station- Kotwali Dehat, DistrictHardoi, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that similarly placed co-accused, Puneet Yadav has already been released on bail by this Court in Criminal Misc. Bail Application No. 172 of 2022 vide order dated 11.03.2022. Since the case of the applicant is at par with the co-accused who has already been enlarged on bail, the applicant is also entitled for bail on the ground of parity.
Since the role of the applicant is identical to that of co-accused person who has already been enlarged on bail, the applicant is also entitled for bail on the ground of parity.
The applicant is languishing in jail since 15.11.2021 having no previous criminal history and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
Considering the submissions made by learned counsel for the parties, this Court is of the view that it is a fit case for bail. The bail application is allowed on the ground of parity.
Let the applicant- Ramveer Singh , who is involved in aforementioned case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant 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 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 31.5.2022 Krishna*
Digitally signed by KRISHNA KUMAR Date: 2022.06.03 10:27:13 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused already released on bail.
Ramveer Singh
State Of Up Thru.Prin.Secy.Home
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
