Allowed

Anil v. State of U.P.

Allahabad HC24 Nov 2022BAIL/53365/2022

Case brief

AI extract

What is this about?

This bail application was filed by Anil seeking release in a murder case. After hearing counsel and noting the co-accused had been granted bail on similar grounds, the bench granted bail subject to strict conditions regarding trial attendance and duration.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties in like amounts, subject to specific conditions regarding trial attendance.

Anil 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. - 53365 of 2022

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Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 70 of 2022, under Sections 147, 148, 149, 323, 302, 307 IPC, Police Station Nanauta, District Saharanpur.

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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 FIR of the alleged incident has been lodged against 15 persons including the applicant. There is general allegation against all the accused person including the applicant. No specific role has been assigned to the applicant as well as other co-accused. The witnesses in his statements recorded under section 161 Cr.P.C. as well as the injured in his statement has not assigned any role to the applicant. There is no criminal history of the applicant. The applicant is in jail since 19.3.2022.

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It is further contended that similarly placed co-accused Pratap, Nirdosh Kumar @ Neetu and Omveer have already been granted bail by another bench of this court vide orders dated 22.11.2022, 12.10.2022 and 4.11.2022 in Criminal Misc. Bail Application Nos. 479530 of 2022, 35021 of 2022 and 41644 of 2022 respectively, therefore the applicant is also entitled for bail on the ground of parity.

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I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this

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stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Anil, 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 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 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 :- 24.11.2022/A.

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Digitally signed by AFAQ AHMAD Date: 2022.11.24 13:17:46 IST Reason: Location: High Court of Judicature at Allahabad

Anil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anil v. State of U.P.

Case brief

What is this about?

What did the court decide?

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