Court enlarged the applicant on bail in a criminal bail application regarding offences under Sections 498A and 304B IPC, citing parity with co-accused already released.
Release on bail on personal bond and two local sureties subject to conditions.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17661 of 2022
Applicant :- Salman @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Archit Mandhyan Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.623 of 2021, under Sections 498A, 323, 304B IPC and 3/4 D.P. Act, Police Station Dadri, District Gautam Buddha Nagar.
Learned counsel for the applicant submits that applicant is younger brother-in-law of the deceased. The co-accused Ashiq Ali, Amzad and Sabir have been granted bail by co-ordinate Bench of this Court vide orders dated 11.04.2022, 22.04.2022 and 31.05.2022 in Criminal Misc. Bail Application Nos. 6925 of 2022, 7100 of 2022 and 17936 of 2022, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 29.03.2022.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused have already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of identically placed co-accused on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Salman @ Sonu involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he
will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 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.
(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.
Order Date :- 9.6.2022 Israr
Digitally signed by ISRAR AHMAD Date: 2022.06.11 18:22:40 IST Reason: Location: High Court of Judicature at Allahabad
3 provisions across 3 enactments
Salman @ Sonu
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ali Zamin
Parties & counsel
