In a criminal bail application, the High Court granted bail to the applicant on the ground of parity with similarly placed co-accused released by a coordinate bench, noting the absence of specific allegations against the applicant in the FIR.
Release on bail by furnishing personal bond and two sureties with specific undertaking conditions.
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22887 of 2022
Applicant :- Narsingh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Photocopies of bail orders of the co-accused given by learned counsel for the applicant is taken on record.
Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant, Sri S.N. Mishra, learned AGA for the State and perused the record of the case.
By way of present application, applicant made a prayer to release him on bail in Case Crime No. 97 of 2022, under Sections 147, 148, 149, 332, 333, 353, 307, 427, 336, 290, 291, 120B, 188, 436 IPC and under Section 7 Criminal law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, Police Station Chauri-Chaura, District Gorakhpur.
Learned counsel for the applicant submitted that applicant has been made accused in the present case along with 56 persons and hundreds of other unknown persons. He further submitted that only on the basis of general allegation, applicant made accused in the present matter and no specific allegation is made against the applicant in the FIR. Learned counsel for the applicant further submitted that the case of the prosecution is that at the Pakistan Border one martyr of Indian Army was shot dead and applicant and other persons, who were 100 in number were made agitation as, no proper martyr Protocol was being followed by the administration and in this regard some public property was damaged by the mob. He further submitted that similarly placed co-accused Vivek Yadav @ Surya Prakash Yadav, who was also named in the FIR, has already been released on bail by the co-ordinate Bench of this court vide order dated 09.06.2022 passed in Criminal Misc. Bail Application No. 23466 of 2022 and co-accused Aditya Yadav, Sudhakar Yadav and Rohit Yadav, who were later on made accused in the present case, were also released on bail by the co-ordinate Bench of this Court vide orders dated 31.05.2022 and 02.06.2022 passed in Criminal Misc. Bail Application Nos. 21926 of 2022, 22313 of 2022 and 22319 of 2022 respectively,
therefore, on the ground of parity itself, applicant may be released on bail. He further submitted that applicant has no criminal history and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA submitted that as per the allegation made in the FIR, huge public property was damaged by the agitators and they were unnecessarily created hurdles, but he could not dispute the fact that there is no specific allegation made in the FIR against the applicant and further co-accused Vivek Yadav @ Surya Prakash Yadav, who was also named in the FIR, has already been released on bail.
I have heard both the parties and perused the record of the case. It is a case, in which, on the basis of general allegation, applicant made an accused in the FIR along with 56 others and further there is no specific allegation against him in the FIR. Perusal of the FIR shows that Indian Soldier died at Pakistan Border and agitators including the applicant were claiming his martyr status with the administration and some public property was damaged, but only on the basis of general allegations, applicant and other accused persons implicated in the matter and similarly placed co-accused has already been enlarged on bail by this Court, therefore, considering the fact that applicant made accused in the present case on the basis of general allegation and co-accused Vivek Yadav @ Surya Prakash Yadav has already been enlarged on bail by this Court, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.
Let the applicant- Narsingh Yadav be released on bail in the aforesaid case crime number 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 20.6.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.06.21 11:10:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail given the absence of specific allegations in the FIR and the bail grant to similarly placed co-accused.
Whether the parity principle governs the release of the applicant on bail.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
Narsingh Yadav
State of U.P.
Samir Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
