Allowed

Gudru @ Rehmat v. State of U.P.

Allahabad HC6 Sept 2022BAIL/1113/2020

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Gudru @ Rehmat, in a bail application filed in a criminal trial case for offences under sections 328, 304, and 34 IPC. The grant was based on parity with a co-accused. Various conditions were imposed regarding evidence tampering, court attendance, and consequences of breach.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties with strict conditions regarding attendance and non-interference with witnesses.

Gudru @ Rehmat Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1113 of 2020

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Applicant :- Gudru @ Rehmat Opposite Party :- State of U.P. Counsel for Applicant :- Ayank Mishra,Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Sanjay Shukla

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Sri Sanjay Shukla, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Gudru @ Rehmat, with a prayer to release him on bail in Case Crime No.151 of 2019, under Sections 328 304, 34 IPC, Police Station Rajghat, District- Gorakhpur during pendency of trial.

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Learned counsel for the applicant has contended that the coaccused, Chhotu Gour, has been granted bail by this Court today in Criminal Misc. Bail Application No.486 of 2022. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 12.8.2019.

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Learned AGA and learned counsel for the informant have opposed the prayer for bail, but do not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 6.9.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.09.06 16:44:06 IST Reason: Location: High Court of Judicature at Allahabad

Gudru @ Rehmat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gudru @ Rehmat v. State of U.P.

Case brief

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What did the court decide?

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