Allowed¶9

Amit Rajpoot v. State of U.P.

Allahabad HC7 Apr 2023BAIL/14668/2023

Case brief

AI extract

What is this about?

Amit Rajpoot bail parity co-accused Ramautar Khangar; Allahabad High Court; Siddharth, J.; CRIMINAL MISC. BAIL APPLICATION No. 14668 of 2023; Case Crime No. 7 of 2023; P.S. Jariya, District Hamirpur (U.P.); Sections 307, 452, 354, 147, 148, 149, 323, 504, 506, 286, 427, 429 IPC; Section 7 Criminal Law Amendment Act; bail on parity; State did not dispute parity; in custody since 09.01.2023; bail conditions; Section 82 Cr.P.C. proclamation; Sections 229-A and 174-A IPC; Section 313 Cr.P.C. statement; order dated 7.4.2023.

What did the court decide?

Bail granted to the applicant on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions imposed in the interest of justice; breach of conditions to be a ground for cancellation of bail. ¶9

Amit Rajpoot Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Amit Rajpoot is entitled to be released on bail in Case Crime No. 7 of 2023 (Sections 147, 148, 149, 452, 354, 323, 504, 506, 307, 286, 427, 429 IPC and Section 7 of Criminal Law Amendment Act, P.S. Jariya, District Hamirpur) on the ground of parity with co-accused Ramautar Khangar, who has already been granted bail.

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Court's answer

The claim of parity with co-accused Ramautar Khangar was not disputed by the State, and on that basis the applicant was held entitled to release on bail.

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Ratio / Principle

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: no tampering with evidence or threatening witnesses; an undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on each date; liability to proceedings under Sections 229-A and 174-A IPC and Section 82 Cr.P.C. proclamation in case of absence or misuse of bail; and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.

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Detailed headnote1 paragraphs

Bail granted on parity — Applicant Amit Rajpoot sought bail in Case Crime No. 7 of 2023 under Sections 147, 148, 149, 452, 354, 323, 504, 506, 307, 286, 427, 429 IPC and Section 7 of Criminal Law Amendment Act, P.S. Jariya, District Hamirpur (U.P.), during pendency of trial. Co-accused Ramautar Khangar had been granted bail by the Allahabad High Court on 20.3.2023 in Criminal Misc. Bail Application No. 12197 of 2023; the applicant's case was pleaded to be on identical footing. The learned AGA opposed the bail prayer but did not dispute the claim of parity. The applicant, in jail since 09.01.2023, was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with evidence or threatening of witnesses; an undertaking not to seek adjournments when witnesses are present; personal presence before the Trial Court on each date, failing which proceedings under Section 229-A IPC and Section 174-A IPC (upon proclamation under Section 82 Cr.P.C.) may follow; and compulsory personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C. Breach of any condition to be a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14668 of 2023

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Applicant :- Amit Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Amit Rajpoot, with a prayer to release him on bail in Case Crime No. 7 of 2023, under Sections- 147, 148, 149, 452, 354, 323, 504, 506, 307, 286, 427, 429 IPC and Section 7 of Criminal Law Amendment Act, Police Station- Jariya, District- Hamirpur (U.P.), during pendency of trial.

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Learned counsel for the applicant has contended that the co-accused, Ramautar Khangar, has been granted bail by this Court on 20.3.2023. in Criminal Misc. Bail Application No. 12197 of 2023. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 09.01.2023.

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Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.

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Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is

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issued and the applicants fail 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.

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(v) 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.

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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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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 7.4.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Amit Rajpoot v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit Rajpoot v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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