Allowed

Yagyapal @ Karua v. State of U.P.

Allahabad HC9 Dec 2022BAIL/33806/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to the applicant, Yagyapal @ Karua, in Criminal Misc. Bail Application No. 33806 of 2021 arising from Crime No. 149 of 2021 involving Sections 396 and 412 IPC. The court was satisfied that the applicant met the prima facie case and that similarly placed co-accousds had already been granted bail by a coordinate bench.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties subject to stringent conditions regarding appearance, trials, and conduct.

Yagyapal @ Karua Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33806 of 2021

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Applicant :- Yagyapal @ Karua Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Onkar Nath, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.149 of 2021, under Sections 396, 412 IPC, Police Station Hari Parvat, District Agra.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned first information report. Initially the impugned FIR has been lodged against three male person and one female person, but during investigation, the complicity of the six persons including the applicant has been came in light. Further submission is that similarly placed co-accused, namely, Sachin, Avdhesh Kumar and Pankaj have already been enlarged on bail by another co-ordinate Bench of this Court by orders dated 26.08.2022, 11.5.2022 and 3.8.2022 passed in Criminal Misc. Bail Application Nos.28288 and 51997 of 2021 & 33308 of 2022, copy of the bail orders has been provided by learned counsel for the applicant is taken on record. He has further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 25.4.2021 having no previous criminal history.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the applicant was identified by the security guard, but identification parade was conducted.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., 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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Let the applicant- Yagyapal @ Karua , involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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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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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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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 :- 9.12.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.12.09 15:53:46 IST Reason: Location: High Court of Judicature at Allahabad

Yagyapal @ Karua v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yagyapal @ Karua v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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