Allowed

Gaurav @ Vivekanand Srivastava v. State of U.P.

Allahabad HC10 Jun 2022BAIL/17777/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the second accused, granting release on personal bond and sureties based on parity with a co-accused already granted bail, subject to standard conditions regarding attendance and non-intimidation of witnesses.

What did the court decide?

Release on bail upon furnishing a personal bond and two local sureties each of the like amount.

Gaurav @ Vivekanand Srivastava Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17777 of 2022

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Applicant :- Gaurav @ Vivekanand Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Gopal Das Srivastava,Suneel Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.384 of 2021, under Sections 147, 148, 323, 504, 506, 302 IPC, Police Station Bansgaon, District Gorakhpur.

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Learned counsel for the applicant submits that general role of beating by lathi danda has been assigned to the applicant and co-accused. The co-accused Gopal Sahai Srivastava @ Moolshankar Singh has been granted bail by co-ordinate Bench of this Court vide order dated 22.04.2022 in Criminal Misc. Bail Application No. 1369 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 24.11.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.

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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- Gaurav @ Vivekanand Srivastava 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 :-

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(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.

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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 :- 10.6.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.06.11 18:26:02 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav @ Vivekanand Srivastava v. State of U.P.

Case brief

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Gaurav @ Vivekanand Srivastava v. State of U.P.

Case brief

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