The High Court granted bail to the applicant under Section 439 Cr.P.C. relying on the parity principle established in a co-ordinate bail application where a similarly situated co-accused was released. The court imposed standard bail conditions.
The applicant was released on bail in Cr. No. 457 of 2023 by furnishing a personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:172542
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36208 of 2023
Applicant :- Kumari Sangeeta Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail.
The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.457 of 2023, under Sections 420, 467, 468, 471, 120-B, IPC and section 66-D of I.T. Act, Police Station Majhola, District Moradabad.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. Similarly situated co-accused Noori Praveen has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.35318 of 2023, vide order dated 21.08.2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the order aforesaid. The applicant is languishing in jail since 27.06.2023 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
On the other hand, learned AGA has opposed the prayer for bail but could not controvert the above mentioned facts.
Considering the facts and circumstances of the case and taking into account that Similarly situated co-accused Noori Praveen has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.35318 of 2023, vide order dated 27.06.2023, applicant is languishing in jail since 30.03.2023 and undertakes that in case he is granted
bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant- Kumari Sangeeta be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(Renu Agarwal,J.)
Order Date :- 25.8.2023 VKG
Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly situated co-accused who has already been granted bail.
Whether the applicant can be enlarged on bail without expressing an opinion on the merits of her case.
What conditions should be imposed on the applicant to ensure she cooperates in the trial proceedings.
Kumari Sangeeta
State of U.P.
Renu Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
