The Single Judge granted bail to the applicant in a murder and extortion case, citing that a co-accused with a similar role was released earlier. Bail was granted subject to strict conditions requiring personal appearance and non-cause absence.
Released on bail on furnishing a personal bond and two sureties.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2519 of 2022
Applicant :- Ganesh Prabhakar Tiwari Opposite Party :- State Of U.P. Through Its Secretary Home Counsel for Applicant :- Suresh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
6 Let applicant Ganesh Prabhakar Tiwari 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 :- 1.6.2022 Rao/-
Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.06.01 18:01:54 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to release on bail considering the co-accused with a similar role has already been granted bail for parity.
What conditions should be imposed on the bail of the applicant to prevent abuse of liberty and ensure presence during trial.
5 provisions across 2 enactments
Ganesh Prabhakar Tiwari
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
