This court granted bail to the applicant Vimlesh in a criminal case involving sections 376-D and 506 IPC. The decision was made on parity with co-accused who were already released on bail. Standard bail conditions were imposed.
Released on bail subject to furnishing a personal bond and two local sureties of like amount.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23733 of 2022
Applicant :- Vimlesh Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime/FIR No.0333 of 2019, under Sections 376-D, 506 I.P.C., Police Station Bansgaon, District Gorakhpur.
Learned counsel for the applicant submits that this is the first bail application of the applicant He further submits that applicant has no criminal history. He next submits that role of applicant is identical to coaccused Chotu Singh, Anil Yadav and Jhinak Yadav, who have been enlarged on bail by a co-ordinate Bench of this Hon'ble Court, vide order dated 27.10.2021. 8.3.2022 and 10.3.2022 in Criminal Misc.Bail Application No.42970 of 2021, 56429 of 2022 and 2220 of 2022 respectively. Applicant's case is at par with co-accused enlarged on bail, therefore, he claims parity. He next submits that applicant has been falsely implicated in the case. He further submits that applicant is languishing in jail since 13.10.2019.
Per contra, learned A.G.A. opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of co-accused Chotu Singh, Anil Yadav and Jhinak Yadav having identical footing enlarged on bail subsequent to rejection of bail application, statements of the victim, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant Vimlesh involved in the aforesaid case crime be released on bail on his 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 will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(iv) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 17.6.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.06.20 10:41:33 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering the enlargement of co-accused on bail.
Vimlesh
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
