Criminal Misc. Bail Application where the applicant, facing murder charges, claimed false implication and sought parity with a co-accound admitted to bail. The court granted bail with specific conditions
Releasable on bail by furnishing a personal bond with two sureties each in the like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3496 of 2022
Applicant :- Sachin Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Mishra,Radhey Shyam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Ms. Rashmi Khilwani, learned counsel holding brief of Sri Anand Kumar Mishra, learned counsel for the applicant and Sri Abhinav Prasad, learned brief holder appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the co-accused namely Devesh Khelwani has already been admitted to bail by another Bench of this Court vide order dated 20.12.2021 passed in Criminal Misc. Bail Application No.53758 of 2021, a copy of said order has been annexed as annexure-5 to the affidavit accompanying this bail application. The applicant claims parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 6.11.2021. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant Sachin Jaiswal involved in Case Crime No.516 of 2016, under Sections 302, 34 I.P.C., Police Station Sigra, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions.
(i) 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.
(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 of the Indian Penal Code.
(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. is issued and the 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 of the Indian Penal Code.
(iv) 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.7.2022
Dev/-
Digitally signed by DEV PRAKASH Date: 2022.07.25 13:21:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in an IPC murder case citing false implication and parity with a co-accused.
Whether the relief of bail should be granted subject to conditions to ensure court presence and cooperation.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
2 provisions across 1 enactments
Sachin Jaiswal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
