Allowed

Suryaprakash Yadav v. State of U.P.

Allahabad HC1 Dec 2022BAIL/36271/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Sri Suryaprakash Yadav, in Criminal Misc. Bail Application No. 36271 of 2022. The order was based on the parity of the applicant with a co-accused who had already been released on bail. The court imposed strict conditions regarding court attendance and consequences of default.

What did the court decide?

Release on bail with a personal bond and two sureties subject to strict conditions regarding court attendance and forbearance from seeking adjournments.

Suryaprakash Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36271 of 2022

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Applicant :- Suryaprakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri,Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Janardan Yadav, learned counsel for the applicant, 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.36 of 1998, under Sections 147, 148, 149, 307, 336, 338, 435, 504, 188, 34 I.P.C. & Section 7 Criminal Law Amendment Act, Police Station Phoolpur, District Azamgarh, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Ramesh Chand, has already been enlarged on bail by this Court vide order dated 15.9.2022 passed in Criminal Misc. Bail Application No.37568 of 2022. There is no criminal history of the applicant. The applicant is languishing in jail since 25.07.2022. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the 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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Let the applicant- Suryaprakash Yadav, who is involved in aforementioned case crime 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 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

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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 :- 1.12.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.12.01 18:00:16 IST Reason: Location: High Court of Judicature at Allahabad

Suryaprakash Yadav v. State of U.P.

Case brief

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Suryaprakash Yadav v. State of U.P.

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