In a criminal bail application, the Court granted bail to the applicant claiming parity with co-accused already released on bail by the same Court, without examining the merits of the case.
Applicant released on bail on surety bond with conditions regarding attendance and compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5599 of 2022
Applicant :- Amarnath S/O Manohar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Ram Mohan Mishra 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 18:16:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused is entitled to bail on grounds of parity with co-accused who have already been enlarged on bail.
3 provisions across 2 enactments
Amarnath
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
