The court granted interim bail to an accused in a crime involving sexual assault and criminal conspiracy, citing the release of co-accused and the prospect of early trial conclusion.
Release on bail by furnishing a personal bond and two reliable sureties each of the like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15211 of 2022
Applicant :- Chandra Mohan Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 456 of 2021, under Sections-364A, 120-B, I.P.C., Police StationSikandrarao, District-Hathras.
The submission of learned counsel for the applicant is that the FIR in issue was lodged against unknown persons. During investigation, the applicant and other co-accused were apprehended by the police. It is further stated that co-accused Amit Kumar @ Dinesh, who was apprehended by the police along with the applicant, has been released on bail by this Court vide order dated 09.02.222 passed in Criminal Misc. Bail Application No. 3532 of 2022. It is also stated that other co-accused namely Bhola Mistri Urf Shahrukh and Saroj W/O Ddhon @ Udham Singh have also been released on bail by this Court vide orders dated 02.02.2022 and 03.03.2022 passed in Criminal Misc. Bail Application Nos. 1590 of 2022 and 1226 of 2022. It is stated that the parity of the applicant is with coaccused Amit Kumar @ Dinesh. Accordingly, the applicant is also entitled to be released on bail. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail. It is also stated that the applicant is in jail since 04.10.2021 the possibility of conclusion of trial in near future is extremely bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contentions made by the learned counsel for the accusedapplicant that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, period of incarceration and keeping in mind that coaccused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Chandra Mohan Prajapati be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 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 applicant 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.
(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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 24.5.2022 Arun/-
Digitally signed by ARUN KUMAR GANGWAR Date: 2022.05.24 15:43:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the release of other accused on bail and the bleak possibility of trial conclusion.
Chandra Mohan Prajapati
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
