Allowed

Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav v. State of U.P.

Allahabad HC12 Sept 2022BAIL/27921/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an applicant lodged in a murder trial (U/S 302 IPC). The court granted bail based on the principle of parity with a co-accused released earlier, imposing strict conditions regarding court presence and prohibiting adjournments.

What did the court decide?

Released on bail subject to personal bond, two sureties, and specific conditions regarding court attendance and prohibition of adjournments.

Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav Vs… — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27921 of 2022

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Applicant :- Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Upendra Upadhyay, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 980 of 2017, U/S 302, 120-B, 506 IPC & Section 7 of Criminal Law Amendment Act, Police Station Rampur, District Jaunpur, during the pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. There is no evidence against the applicant except his own statement before the police. The applicant is not named in the FIR. The case of the applicant is at par with the co-accused Parvez Ahmad, who has already been enlarged on bail by this Court vide order dated 3.12.2018 passed in Criminal Misc. Bail Application No.43435 of 2018, therefore, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 22.2.2018. He further submitted that the criminal history of the applicant has been explained in para6, 7, 8 & 9 of the affidavit accompanying bail application.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused has not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav, who is involved in aforementioned case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to

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following conditions. Further, before issuing the release order, the sureties be verified.

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(i) 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.

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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 IPC.

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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., 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 IPC.

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(iv) 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 12.9.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.09.13 10:03:47 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Kumar Yadav @ Abhay Yadav Yadav @ Abhay Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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