High Court allowed criminal bail application filed by Jitendra Kumar Saini, granting release on personal bond and sureties despite nature of allegations, relying on parity with co-accouse already on bail. Conditions include appearance and no adjournment.
Released on bail by furnishing personal bond and two reliable sureties each of a like amount.
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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15725 of 2021
Applicant :- Jitendra Kumar Saini Opposite Party :- State of U.P. Counsel for Applicant :- J.P. Pandey,Braj Mohan Singh Counsel for Opposite Party :- G.A.,Pranjal Mehrotra
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 679 of 2020 under Sections 420, 406, 467, 468, 471, 120B IPC and 66 of the I.T. Act, Police Station - BETA -2, District - Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the present accused applicant deserves bail on the ground of parity with co-accused Anuj and Ratan Singh who have already been enlarged on bail by this Court vide order dated 8.6.2022 and 8.7.2022 passed in Criminal Misc. Bail Application No. 14250 of 2021 and 22970 of 2022 as the role assigned to the present accused is similar to the role assigned to other co-accused persons. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 6.2.2021 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused has 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 and keeping in mind that co-accused has 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 namely Jitendra Kumar Saini 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.
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 :- 20.10.2022 samz
(Piyush Agrawal, J.)
Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.10.20 16:58:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant considering parity with co-accused and the nature of allegations.
Whether the applicant can be released on personal bond with sureties.
4 provisions across 2 enactments
Jitendra Kumar Saini
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
