Allowed

Rajendra Kumar v. State of U.P.

Allahabad HC1 Nov 2022BAIL/34513/2022

Case brief

AI extract

What is this about?

The applicant, charged with murder and other offences, sought bail during trial. Citing that co-accused were already released on bail, the court granted bail on the grounds of parity, subject to strict conditions regarding attendance and trial conduct.

What did the court decide?

Applicant released on bail on furnishing personal bond and two heavy sureties in like amount subject to strict conditions regarding attendance and conduct during trial.

Rajendra Kumar 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. - 34513 of 2022

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Applicant :- Rajendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Arun Kumar Singh, 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 who is involved in Case Crime No.148 of 2020, under Sections 302, 452, 504, 506 IPC, Police Station Sumerpur, District Hamirpur is seeking enlargement on bail during the trial.

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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. He has not committed any offence as alleged in the impugned first information report. The main role for causing injury by lathi has been assigned to co-accused Rajendra Kumar. As per allegation, the co-accused Rajendra Kumar alongwith other co-accused persons had entered into the house of the deceased and assaulted by his lathi. He has further submitted that general role has been levelled against all the accused persons. As per injury report, the deceased has sustained 8 injuries over the person and there is only 2 fatal injuries on his head, but it is not clear that who is the author of that fatal injuries. He has further submitted that similarly placed co-accused Brijlal Prajapati has already been enlarged on bail by another co-ordinate Bench of this Court by order dated 02.11.2020 passed in Criminal Misc. Bail Application No.33459 of 2022, copy of the bail order produced has been annexed as Annexure No.11 to the affidavit filed in support of bail application. Another similarly placed co-accused Ramsevak Prajapati has also been enlarged on bail by the court below vide order dated 21.08.2020 passed in Criminal Misc. Bail Application No.598 of 2020, copy of bail order has been annexed as Annexure No.12 to the affidavit filed in support of bail application. The applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is having no criminal history. He is in jail since 05.05.2022.

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Per contra, the prayer for bail has vehemently been opposed by

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learned A.G.A., however, the aforesaid factual aspect of the matter has not been disputed by him.

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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- Rajendra Kumar , 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 :- 1.11.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.11.01 13:29:57 IST Reason: Location: High Court of Judicature at Allahabad

Rajendra Kumar v. State of U.P.

Case brief

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Rajendra Kumar v. State of U.P.

Case brief

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