This single judge bail application was disposed of. The High Court granted bail to the applicant citing parity with a co-accused. The order released him on personal and surety bonds subject to specific conditions regarding court attendance and trial conduct.
Applicant Ramesh released on bail on furnishing a personal bond and two sureties.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2447 of 2022
Applicant :- Ramesh
Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko.And Others Counsel for Applicant :- Santosh Kumar Tripathi,Aradhana Chaturvedi,Ashish Raman Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant as well as Sri Ashwani Kumar Singh, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.198 of 2021, under Sections 323, 342, 366, 376 and 373 IPC and Section 5L/6 POCSO Act, Police Station Katra Bazar, District Gonda.
Learned counsel for the accused-applicant submits that coaccused, Nanke having similar role, has been granted bail by this Court vide order dated 20.10.2022 in Bail No.5365 of 2022. He, therefore, prays that accused-applicant is also entitled for bail on the ground of parity.
Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.
Considering the fact that co-accused, having similar role, has been granted bail by this Court, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant Ramesh 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:-
(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.
(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.
Order Date :- 19.12.2022 Rao/-
Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.19 19:32:03 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant, facing charges under IPC and POCSO Act, is entitled to bail on the ground of parity with a co-accused who has already been granted bail?
What conditions should be imposed when granting bail in a case involving serious offences?
10 provisions across 3 enactments
Ramesh
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Dinesh Kumar Singh
As recorded by the court registry
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