Bail Application allowed on the ground of parity with a co-accused. Applicant granted bail subject to furnishing bond, sureties, and several conditions regarding presence and avoiding abuse of bail.
Applicant released on bail on a personal bond and two sureties subject to conditions including attendance and no adjournment.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6222 of 2022
Applicant :- Arjun Goswami Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Kailash Nath Mishra, learned counsel for the applicant and Ms. Mamta Pandey, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 869 of 2021, U/S 489A, 489-B, 489-C, 489-D IPC, Police Station Kotwali Nagar, District Gonda, during the pendency of trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused person, Taj Mohammad, has already been enlarged on bail by this Court vide order dated 20.5.2022 passed in Criminal Misc. Bail Application No. 3335 of 2022. The applicant is languishing in jail since 17.12.2021. The applicant has criminal history of one more case which has been explained in para-2 of the supplementary affidavit dated 6.6.2022. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused have not been disputed by her.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Arjun Goswami, who is involved in aforementioned case crime number 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 :- 11.7.2022 Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.07.12 10:20:01 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to the applicant on the ground of parity with a similarly placed co-accused who was enlarged on bail.
What conditions must be imposed to ensure the applicant remains available for trial and does not abuse the liberty of bail.
5 provisions across 2 enactments
Arjun Goswami
State Of U.P.
Krishan Pahal
As recorded by the court registry
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