Single judge order granting bail to applicant Muinuddin on grounds of parity with co-accusees. Bail subject to bond, sureties, and strict conditions regarding court attendance and conduct during trial.
Order allowing bail on furnishing personal bond and two sureties subject to specific conditions of appearance and conduct during trial.
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Neutral Citation No. - 2023:AHC:112413
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22728 of 2023
Applicant :- Muinuddin Opposite Party :- State of U.P. Counsel for Applicant :- Ahtisham Hussain Hashmi,Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
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.
(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.
(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.
(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.
(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.
[Krishan Pahal, J.]
Order Date :- 22.5.2023 Vikas
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether applicant is entitled to bail on grounds of parity with co-accused persons already released on bail.
Whether conditions sufficient to prevent abuse of bail liberty in pending criminal trial.
Muinuddin
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
