Allowed

Pankaj Kumar v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC16 Dec 2022/9534/2022

Case brief

AI extract

What is this about?

In a bail application for murder and abetment, the High Court granted bail to the applicant relying on the principle of parity as a co-accused with a similar role had already been granted bail. The applicant was released on a personal bond and two sureties subject to specific conditions regarding attendance and conduct during the trial.

What did the court decide?

The applicant Pankaj Kumar shall be released on bail by furnishing a personal bond and two sureties, subject to conditions regarding attendance and conduct.

Pankaj Kumar Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9534 of 2022

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Applicant :- Pankaj Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Vineet Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/Case Crime No.155 of 2022, under Sections 302/34 IPC, Police Station Tadiyawan, District Hardoi.

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Learned counsel for the accused-applicant submits that coaccused, Nancy having similar role, has been granted bail by this Court vide order dated 13.12.2022 passed in Criminal Misc. Bail Application No.11583 of 2022. He, therefore, prays that accused-applicant is also entitled for bail on the ground of parity.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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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.

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Let applicant Pankaj Kumar 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:-

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(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

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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.

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(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.

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(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.

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(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.

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Order Date :- 16.12.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.12.16 18:19:55 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pankaj Kumar v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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